Can You Live in a Retirement Community If You're Under 55?
Date Updated: January 3, 2025
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Yes, you can live in a retirement community or an assisted living facility, if you're under 55, but only under certain circumstances. Each community abides by its own rules, so the exceptions vary.
What Rules Govern Retirement Communities?
Rules governing retirement housing vary by state and community. However, most retirement communities include age restrictions in their bylaws. For example, many communities prohibit residents under the age of 55, while others require a minimum age of 62.
National rules also apply. Under The Fair Housing Act, a retirement community can legally restrict admittance of individuals under the age of 55 if it meets the following criteria:
- It must publish and enforce policies defining its objective of operating as a 55+ community.
- It must satisfy the U.S. Department of Housing and Urban Development's requirements for verifying the age of residents.
- At least 80% of the community's units must be occupied by individuals aged 55 and older. (While not legally required, communities can permit occupancy of individuals under 55 in 20% of units.)
When Can Someone Under 55 Live in a Retirement Community?
Every privately owned 55+ community maintains a unique set of bylaws. However, these rules must still comply with federal and state laws under the FHA and Housing for Older Persons Act. Common scenarios in which someone can live in a retirement community despite being under 55 include:
- Living with a spouse aged 55 or older
- Living with a parent aged 55 or older (adult children only)
- Serving as a live-in caregiver for an individual aged 55 or older
- Turning 55 within a specified time after moving in
- Visiting a resident for an acceptable period, as defined in the community's regulations
Many communities maintain deed restrictions prohibiting anyone under age 55 from appearing on a deed, so while a person under age 55 can live there, they can't own the property. Communities may also legally impose restrictions on the use of amenities by younger individuals living there.
Can a Person Younger Than 55 Reside in an Assisted Living Community if They Have a Disability?
Yes, some assisted living communities and nursing homes accept individuals before they turn 55 if they have a disability or chronic health condition that prevents them from caring for themselves. The community must have the equipment, trained staff, and licensure to care for the person's condition.