Mobile Home Park Excludes 41-Year-Old

Michael, 41, bought a mobile home located at the Rancho Santa Barbara Mobile Home Park. When he applied for a rental lease from park management, Michael was refused because of his age. The park manager informed Michael that park rules restrict occupancy to people 55 and older.

The manager pointed to the Federal Housing Act, as amended by the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act, which allow owners to restrict occupancy of apartments, mobile home parks and other properties to residents age 55 or older.

Michael sued the mobile home park owner. He alleged the Federal Housing Act, as amended, violates the due process clause of the U.S. Constitution. Michael alleged this was illegal discrimination based on his age.

If you were the judge, would you order the mobile home park owner to rent space to Michael for his mobile home that was already located in the park?

The judge said no.

The 1988 amendments to the U.S. Fair Housing Act eliminated the requirement that senior citizen housing provide special services and facilities in accommodations designated for residents 55 or older, the judge said. If property owners wish to establish rules limiting occupancy to those 55 or older, he said, they are free to do so.

This is especially important, the judge said, since about 72% of mobile home park residents are age 55 or older. These federal laws encourage inexpensive housing for retirees living on fixed incomes, he said.

There is a rational basis for laws providing housing limited to senior citizens, the judge said, without needing the local government to provide extra services, such as schools and day care, if younger residents were allowed. Therefore, although Michael owns a mobile home in a park designated for senior citizens, he is not allowed to occupy it because he is not yet age 55, the judge ruled.

Based on the 2000 U.S. Court of Appeals decision in Taylor vs. Rancho Santa Barbara.