Unique strategy HUD/ Housing for Older Persons Act (HOPA95)

[7seas]

Unique situation here in GA. in which a developer wants to rezone a parcel of land (RM) residential multifamily to allow for apartments. Currently the land is zoned for RHOP-62CC (continuous care for age 62+). This rezoning does not fit into the City's comprehensive land use plan. After a meeting of the city planning commission the developer has now agreed to possibly accepting a zoning and land use change to develop a 55+ community instead. It is my understanding that unlike a 62+ development the 80/20 rule must be adhered to in order to keep the exemption to the fair housing act and that if the developer defaulted on these conditions and lost the exemption then all previous age restrictions on the property would have to be removed and the property would then be able to be marketed to the general public. There is some speculation that this is a deliberate strategy for the developer to eventually get what they want in Multifamily apartments with no age restrictions. If the development goes forward and then loses its exemption to the fair housing act, will this affect the new RHOP-55 zoning change or does the federal fair housing laws then trump city zoning?

 

[disagreeable]

Thanks for sharing. It has been my experience loopholes, when permitted, are used. If the city has a plan, they should stick to it firmly.

 

[army judge]

Unique situation here in GA. in which a developer wants to rezone a parcel of land (RM) residential multifamily to allow for apartments. Currently the land is zoned for RHOP-62CC (continuous care for age 62+). This rezoning does not fit into the City's comprehensive land use plan. After a meeting of the city planning commission the developer has now agreed to possibly accepting a zoning and land use change to develop a 55+ community instead. It is my understanding that unlike a 62+ development the 80/20 rule must be adhered to in order to keep the exemption to the fair housing act and that if the developer defaulted on these conditions and lost the exemption then all previous age restrictions on the property would have to be removed and the property would then be able to be marketed to the general public. There is some speculation that this is a deliberate strategy for the developer to eventually get what they want in Multifamily apartments with no age restrictions. If the development goes forward and then loses its exemption to the fair housing act, will this affect the new RHOP-55 zoning change or does the federal fair housing laws then trump city zoning?

I have no idea, and zoning issues bore me.
Why?
Because, zoning issues are all scams that feed the housing developers lust and thirst for easy money.
City councils and county boards are in complete cahoots as they bilk unsuspecting, honest taxpayers.
But, hey, who am I to judge?
That's been the role of ALL government since the "Teapot Dome Scandals", maybe going back to the "Great Dinosaur Caper of 10,000,000 BC"?

I suggest you take up your issues with those you believe to acting inappropriately, or organize the voters in your area and dump the scoundrels and rascals.