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Housing for Older Persons
Within the next ten years, nearly 40 million Americans will be over 55, the minimum age established by the Federal Housing for Older Persons Act for senior citizen housing. To meet the needs of this growing segment of society, a wide spectrum of age-restricted housing has been developed, ranging from independent-living retirement communities for active older adults to skilled-nursing homes for seniors with special needs.
INDEPENDENT-LIVING RETIREMENT COMMUNITIES serve active older adults seeking a lifestyle free from the worries of home maintenance. They may include single-family, duplex, townhouse or apartment-style housing and may be organized as rental projects or owner-occupied condominiums or planned communities with homeowners associations. These communities frequently include clubhouse, recreational, and security facilities, and often distinguish between communities for younger and older senior citizens, with facilities for older seniors providing additional support services such as meals, health services and transportation. Age-restricted rental facilities are frequently designed to permit the exclusion of children under 18 to avoid the conflicts in lifestyle between young families and older persons seeking a quieter lifestyle.
ASSISTED-LIVING RESIDENCES provide apartment-style housing, group meals, personal care, support services and social activities in a residential setting. While assisted-living residents often maintain a high level of independence, driving their own cars and preparing one or more meals each day, they generally require assistance with one or more life skills on a regular basis. Assisted-living facilities provide nutritious meals, regular observation of physical conditions and an opportunity for residents to continue to interact with their peers.
ALZHEIMER’S DISEASE CARE FACILITIES are designed to meet the specialized needs of their residents and provide security, support and environmental benefits tailored to their cognitive levels.
CONTINUING-CARE FACILITIES, often called life-care facilities, offer seniors long-term contracts that guarantee lifelong shelter and access to specified health care services. A lump-sum entrance fee, non-refundable, partially refundable or fully refundable, depending on the contract, and regular monthly payments are often required. Generally, seniors move into continuing-care communities when they are still independent, can qualify for Long-Term Care Insurance and are able to take care of themselves. Should they become sick or frail, their needs will continue to be met, including entry into a skilled-nursing care facility.
SKILLED-NURSING HOMES provide seniors, or others who require daily nursing care and substantial assistance with multiple life-care skills, with comprehensive care services in a medically-oriented setting. While many see these facilities as a last resort, they may in fact be the proper setting for the frail elderly with multiple problems, or for disabled people seeking rehabilitation. Nursing homes are currently the most strictly regulated of the options discussed in this article, and the building of new nursing homes or the addition of nursing home beds is limited by Connecticut law and policy.
Attorneys at Levy & Droney have a long history of working with builders, developers and purchasers in every type of senior housing, representing both local and national developers of nursing homes, continuing-care facilities and assisted-living facilities and helping to create independent-living retirement communities. We have expertise in the preparation of condominium documentation and establishment of homeowner’s associations, and the firm’s land use planning attorneys have considerable experience in obtaining the necessary permits and approvals for these developments. Our estate planning lawyers can also advise individuals concerning the type of housing most appropriate for them.
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