55+ Communities, Senior Apartments and Independent Living: How They Differ

The California Department of Aging describes senior communities as age-restricted housing, usually for adults 55 and older, in apartments, condos, townhomes or cottages, often with a clubhouse, pool or fitness center. It describes independent living, sometimes called retirement homes, as studios or apartments for people who require no assistance, with amenities that may include housekeeping, restaurant-style dining and transportation. For a fuller picture of independent living, see what independent living means in California.

Here is how the four most common kinds compare:

The federal Fair Housing Act generally bars housing discrimination against families with children, but it exempts housing for older persons. Under 42 U.S.C. section 3607, that includes housing intended for, and solely occupied by, people 62 and older. It also includes housing intended and operated for people 55 and older, if at least 80 percent of the occupied units have at least one resident 55 or older, the community publishes and follows policies showing that intent, and it verifies ages under HUD's rules through surveys and affidavits.

California has its own rules in Civil Code section 51.3. It defines a senior citizen as a person 62 or older, or 55 or older in a senior citizen housing development, which must have at least 35 dwelling units. The community's covenants or written policy must state the age limits. The section does not apply in Riverside County.

California's rules also protect some people who live with a senior resident:

• A qualified permanent resident, meaning someone who lived with the senior resident and was 45 or older, or was a spouse, cohabitant or main source of support, may keep living in the home after the senior resident dies, divorces, or is hospitalized or away for a long time.
• Guests under 55 must be allowed to stay for periods the community sets, totaling at least 60 days a year.
• A permitted health care resident, meaning a person hired to give live-in, long-term or terminal care or a family member giving that care, must be allowed to live in the unit while the care is needed. The care must be substantial: help with daily activities, medical treatment, or both.
• If the senior resident goes into the hospital and expects to return within 90 days, the caregiver may stay on after a written request to the community.

Senior apartments are rentals reserved for older adults, with a lease and a landlord like any other apartment. HUD's Section 202 program funds rental housing for very low-income people. HUD says at least one adult in the household must be 62 or older, household income must be below 50% of the area median income, and residents are typically charged 30% of their adjusted income for rent.

The California Department of Aging notes that subsidized public housing for low-income older adults comes with no care services, and points families to their local public housing authority. Ask each property how to apply, whether it keeps a waiting list, and what, if anything, it offers beyond the apartment. Our guide to what independent living costs in California explains how each type is priced.

Independent living communities sit between an apartment and assisted living. A monthly fee usually covers the apartment, some meals, housekeeping and a calendar of activities. California Advocates for Nursing Home Reform (CANHR) notes that senior housing complexes, retirement villages and retirement hotels that offer only lodging, cleaning and meals are not licensed as residential care facilities for the elderly (RCFEs).

The line is care. California's Health and Safety Code section 1569.2 defines an RCFE as a housing arrangement chosen by people 60 or older where care and supervision, protective supervision, personal care or health-related services are provided based on their needs. A community that gives that kind of help is in licensed territory, which is why many campuses have a separately licensed assisted living building.

Continuing care retirement communities go further. The Department of Aging says residents pay an entry fee plus a monthly fee for lifetime housing and access to several levels of care, from independent living to skilled nursing.

This is often the deciding question, especially for a couple where one partner's health is changing. In a 55+ community or a senior apartment, your parent stays in their own home and hires help, or family fills in. California has required home care organizations to be licensed since January 2016. Older homes and apartments may have stairs, so ask about lifts, ramps or single-level units if walking is getting harder.

In an independent living community, ask whether outside caregivers may come in and whether there is assisted living on the same campus. In a continuing care community, the contract sets out how moves to higher levels of care work and what they cost. When the help needed becomes daily and around the clock, families usually start looking at licensed homes. See moving from independent living to assisted living for how that step tends to go, and the levels of senior care in California for the full range.

Hamssa Benrekia is a senior living placement specialist in Torrance who helps families in the South Bay and Harbor area of Los Angeles County. She can talk through what your parent wants from a community, what help they may need in the next few years, and the budget, then help you compare local independent living options alongside licensed homes. More topics are in the California Assisted Living Placement Guide. To start, contact Hamssa.