What Are the Facts #2: The Space Rent Limit for Over-80 Residents Is Real! … or Was!

Just another January day at the beach.

I've had a number of residents ask me about the space rent limit for over-80 residents.  They report being told that it's "not real because it's not in writing." Or it's "not real because it's age discrimination so it would never hold up in court."

Balderdash!

#1.  Susy Forbath put this policy in writing in a green sheet she put out to all residents in the tubes on November 19, 2013.  (See below for verbatim wordage.)

#2.  If this is age discrimination, the same goes for McDonalds, the movies and every other business that offers senior discounts. (Some start at 55, some at 62, 65 or some other threshold determined by the business.)

#3.  In order for this not to "stand up in court," someone would have to sue.  What kind of a person would try to take away a benefit such as this from a senior citizen?  It would have to be a resident of this park to have any hopes of claiming "damages."  I don't think so … to at least I sure hope this isn't something that one of our neighbors would do.

Here's the statement that came out from Susy on  Gilchrist & Rutter stationery, November 19, 2013:

If approved by SLO County before January 1, 2014 and no appeal to the County is filed, starting the month after County approval, space rent for any resident homeowner 80 years of age or older at the time at the time of conversion will be increased by no more than 1% per year, not to ever exceed a compounded increase of more than $100 during the length of tenancy.

Officially … since the HOA and their lawyer appealed the conversion and succeeded in convincing the County to deem the application incomplete because of questions about the survey of support … this benefit to seniors is off the table.

However, conversations with Susy Forbath indicate that, if the application is deemed complete by the County, it will be reinstated.