Age Restriction Enforcement for Rental Mobilehome Parks
AGE RESTRICTED PROPERTIES
There are three situations that require enforcement of the age restrictions in a senior designated housing project: (1) approval for occupancy/ownership, (2) approval of caregiver or spouse/cohabitant of a Qualified Resident, or (3) unauthorized occupancy by a person under age without an exception under (2). This document will address only items (2) and (3) in the circumstances where a non-qualified person is occupying a housing unit.
Unauthorized/Not approved caregiver, spouse or cohabitant of Qualified Resident
a. Notice of Violation to Qualified Resident: A Notice of Violation needs to be served on the Qualified Resident delineating the Rule #, the CC&R section and the Bylaws section that restrict the housing to seniors. The Notice of Violation should provide the corrective action required to allow the person to remain, e.g. an application to reside in the premises as a Nonqualified Permanent Resident for spouses or cohabitants [must be 45 or older] or as a caregiver [must be 18 or older].
b. Illegal Occupant: If the Qualified Resident does not comply with the Notice of Violation and/or if the non-qualified person does not provide the application and/or is disapproved, then the non-qualified person becomes an illegal occupant.
c. Notice to Illegal Occupant: 5-Day Notice to Vacate the Premises is served on the illegal occupant with a copy to the Qualified Resident.
d. 2nd Notice of Violation to Qualified Resident is served on Qualified Resident with a copy of the 5-Day Notice.
Non-qualified Resident Occupying Housing Unit - 5-Day Notice:
a. Five (5) Day Notice to Vacate: The Five (5) Day Notice to Vacate should be served on the Non-qualified Resident and the owner/lien holder on the mobilehome and on the Unit.
b. Failure to Comply with Five (5) Day Notice to Vacate: If the Non-qualified Resident does not vacate the housing unit within the 5 days, then an unlawful detainer needs to be filed against the unlawful/illegal occupant.