HomeMy WebLinkAboutYEAR 2000 COMMITTEE REPORT APPENDIX i
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C1n.formation and observations
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STATITISTICAL INFORMATION
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SINGLE PARENT FAMILIES--
A CRITICAL ISSUE
bY
Mary Ellen Rabine
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SINGLE PARENT FAMILIES
A CRITICAL I5SUE
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March, 1985
Mary Ellen Rabine
CO��TENTS
1. Brooklyn Center Demographics and IV�rthwest Human Services
Counci] Summary Results ...........................1
2. Po ulation P
p not_s and demographics from the Minnesota Depart-
ment of Energy, Planning and Development ........................1 2
3. The New Planning Report and recent stuciies from the City of
Minneapolis .........................3
4. Changing values and lifestyles increase the number of single
parents (from newspaper articles) .................................4
5. Shifting values arP fueling institutional changes throughout
society from State of Families 1984-1985. Used by
permission........ ......5
6. Some typical problems of single parents on welfare in Brooklyn
Center.... ........................................................6
7. Uur community offers opportunities for single parents .............7
8. Excerpts taken from "Minneapolis is People" State of the City
Message 1985 by Donald M. Fraser, Mayor of Minneapolis..........8,9
9. Critical Issues and Recommendations from the study Adolescent
Mothers in Hennepin County needs and services (a Report
of the 7ask Force on Adolescent Mothers) Sept. 1980 United
W ay ...........................................................1U,15
10. Newspaper Articles relating to single parents .................16,20
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To: Chairman George Lucht and the Year 2000 Committee
From: Mar Ellen Rabin
Y e
Subject: The need to plan for the increasiny single parent population
in Brooklyn Center.
Objective: The information in this report is a compilation of data and
information gathered to aid the committee to better
understand the individual and societal problems relating to
single parent families.
Brooklyn Center Demographics and Northwest Human Services Council
Summary Results:
1. 10.5q� of all households in Brooklyn Center or 1,156 households, are
single parent, female-headed households with children.
2. 20q, of that 10.5% or 3
2 1 househ�lds have household incomes below
poverty level (Source: 19R3 Metro Council population estimates).
A. 1983 public assistance cases were 790, 7.2��; in 1982, there
were 582, a gain of 208.
B. Aid to families with dependent children 455 in 1983; in
1982, 350, a gain of 105.
C. Al1 other aid, General Assistance, medical, and food stamps
showed an increase also.
3. Survey results show that the second very common problem in Brooklyn
Center is single parent families experiencing problems related to
parenting. On the area minister's survey it was seen as the first
very common problem.
4. Brooklyn Center has the hi hest divorced o u t'on
9 p p la i in the northwest
suburban area.
Population notes and demographics from the Minnesota Department of
Energy, Planning and Development:
1. The most highly urbanized counties, Hennepin and Ramsey, have the
highest proportions of single parent households.
2. Female-headed families increased rapidly among the younger age
groups between 1970 and 1980.
A. There were more than twice as many female family househol-
ders age 15 to 34 in 198(1 than there were in 1970. A
further increase can be expected in the 198Us.
1
6. Women ages 35-44 are the most likely to be single family
heads and this group will be very large by 1990.
C. If divorce and separation rates continue to rise as they are
assumed to do, the increase in families headed by women is
even greater. In 198Q, there were 67,546 female-headed
families with children. By 1990 this number is projected to
increase to somewhere between 79,100 and 120,�00. Female-
headed families are much more likely to be below the poverty
level than are married households. They are disproportion-
ately represented among the users of income assistance
programs such as Aici to Families with Dependent Children.
D. 86% of Minnesota children under 18 living with a single
parent live with their mothers. Male-headed households
increased substantially during the 1970's with the increase
largely in the younger age groups, 15-24.
3. SEVERAL MAJOR FACTORS CONTRIBUTED TO THE RAPID INCREASE IN YOUNG
FEMALE HOUSEHOLDERS.
A. First, a large increase in the size of the 20-34 year old
age group because of the "baby boom".
B. Second, substantial growth in rates of separation and
divorce between 1970 and 1980, particularly among younger
women.
C. Third, increasing rates of out-of-wedlock births, especial1y
among the youngest women.
4. Divorced population show rapid growth.
A. The number of divorced Minnesotans increased 137% between
1970 and 1980. This gain was slightly higher than the U.S.
increase of 126%.
6. Minnesota's divorce rate is still one of the lowest in the
nation.
C. The percent divorced increased in all age categories, with
the largest increas� in the 35 to 44 age group.
5. The.ancreasing number of divorces has important implications for
society.
A. The breakin of one household i
9 nto two is one of the factors
contributing to the trend towards more, smaller households.
B. Livin arrangements of children are also frequently
affec�ed. In I980 12�, of all children under 18 in Minnesota
were living with a single parent cornpared with 7�'o in 197q.
While some parents had never married, most were divorced.
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C. High divorce rates may in themselves be a factor in
maintaining divorce rates in the future. Although most
divorced persons eventually remarry, these remarriages have
a higher propensity for ending in divorce than do first
'i marriages.
The New Planning Report and recent studies from the City of Minneapolis
state the following information about single parent families:
What was viewed 10 years ago as a balanced poor population
families of m�n, women and children has shifte�d to a population of
young single parents, mostly women. In 1969, 45 percent of the
poor families in Minneapolis were headed by single women. The
figure has grown to 6U percent. City planners predict it will grow
continually during the 1980's.
As the number of single-parent families has risen, child and health-
care services have either been cut back or not growing.
Jan Hively, Chief Administrative Deputy to Mayor Fraser, said in a
recent interview, "There is a two-fold frustration of a complex maze
of welfare regulations and the gap between what an entry level job
pays and what it costs to live. The entire system fosters long-term
dependency on welfare. We are seeing third-generation teen-age
unwed mothers now".
Even the few projects aimed at reducing dependency of young mothers
on welfare have problems mainly of decreased federal and state
money. A total of 490 women applied for the 100 slots in Project
Self Sufficiency, a federally funded program aimed at getting women
off welfare and into the job market. And health-care programs aimed
at early childhood development are not keeping pace 4iith the growth
in the number of small children.
Twenty-nine percent of the infants born in Minneapolis in 1983 were
born to single women, more than twice the out-of-wedlock birthrate
I for the state, according to city health officials.
The city also has a disproportionate share of mothers who are under
18, have not finished high school and have not seen a �loctor during
the first six months of pregnancy. "These are "risk factors'' for
I premature hirths and in fapt mortality", said Dr. Deinard. Drs.
Edward Ehlinger and Amos Deinard, who lead two programs designed to
improve maternal and care in the city. These findings were
part of a report published hy the UnivPrsity of Minnesota's pedia-
trics department.
Karen Knoll, manager of the city's maternal and child health program
said research indicates that being unmarried "places a woman at
greater risk for (an unfavorable) outcome of pregnancy regardless of
her age. "WP speculate that it has somethin� to do wtih the lack of
a support system", she said. "An unmarried woman is less apt to
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have the support system that a married woman has in place. She is
more apt to not have a permanent long-term involvement with one
partner.
The pregnancies of single, unmarried women also are a problem for
the Minneapolis public school system. Nancy Banchi, assistant
director of social work services for the Minneapolis school system,
reported:
1. The schools are succeeding at keeping most pregnant women in
school before they give birth. North and South High Schools
have maternal and infant care projects with a teen birth
control clinic and a day care program. The over-all goal is
to provide teen age students with prenatal and infant child
care (to 2 1/2 years) and counsel them in sex education and
parenting.
2. The women often develop problems after giving birth. They
need transportation and child care and some have trouble
getting themselves ready for school in the morning and
taking care of their babies at the same time.
3. For the 1983-84 school year 205 schoo1-age mothers were
identified. Of that group, 104 remained in school that year.
The dropout rate probably would stay about the same for that
group in the foreseeable future.
4. The mothers seem to be getting younger. Twenty-four percent
were 15 years old in the last school year, 29.1 percent were
16, 27.1 were 17, 11.5 percent were 18 and 1 percent was 20,
she said. But 5.2 percent were 14 and 2.1 percent were 13.
Changing values and life styles increase the number of single parent
I families.
"The rugged self reliance Americans hold so dear has turned
'cancerous' rendering much of the country's midcile class incapable
of commitment to their most basic institutions marriage, family,
religion and politics". "People marry, for example, not out of
loyalty or a sense of commitment or a belief in the value of the
institution of marriage and family, but out of the sense of
psychological self-fulfillment". Quotes from "Habits of the Heart",
a 355 page book five years in the making. It represents a project
conducted by eminent Berkely, California sociologist, Robert N.
Bellah and four other scholars representing the fields of sociology,
theology and philosophy. (See attached newspaper article).
Ellen Goodman, journalist for the Boston Globe writes "There are
single mothers by choice. These women are disillusioned or
discouraged at the prospects for shared parenthood and decide to go
it alone with a select stranger, a spermdoner, or transient lover.
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It appears that the woman's need to have a chil�i came first, before
their und�rstanding of a child's need to have a father. These neta
unwed mothers have done more than abandon the traditional family.
They have embraced the notion that fathers are dispensable,
disposable parents, handy but not vital. How does the fatherless
generation feel? Do they have a built-in longing in their lives,
like growing up with something missing missing the unknown,
unnamed, someone their friends call father?
What does it mean to deliberately bring a generation of fatherless
children into the world? (See attached newspaper article)
The following is reprinted from State of Families 1984-85, by
permission of the publisher. Copyright 1984, Family Service America.
Today with blood ties broken by artificial insemination, embryo
implants and other genetic developments, we shall see further
challenges to existing family codes for decades to comP.
SHIFTI�lG VALUES ARE FUELING INSTITUTIONAL CHANGES THROUGHOUT
SOCIETY.
Though over 90 percent of American resentl marr b 2000 this
P Y Y� Y
may drop to 85 percent as many of the recent changes take hold.
Stemming from the weakening of religious, social, and legal
taboos, greater sexual freedom will promote continued growth of
cohabitation, signle-person households, unwed single-parent
families, and homosexual couples. Over the next few years, despite
the moral objections of Traditionalists, there will be widespread
recognition of a family as consisting of two or more people joined
together by bonds of sharing and intimacy. To these two bonds is
added the bond of commitment through the marriage contract, no
matter how easy divorce is made.
The traditional nuclear family accounts for less than lU percent of
all households. Large numbers of married women were tf�rown into
the labor force by the pull of the changing values of the women's
movement and the push of economic pressures resuiting from roller
coaster inflation and repeated recessions. There is no sign that
they are leaving the work force and returning to the home.
Shifting values have affected the texture and durability of
millions of other families. The stress in many families on kindly
nurturing, on bringing out children's potential, on encouraging
expressiveness has resulted in autonomy emerging as a prime goal
for the child at the expense of emulation of parents' values and
behavior. As the world continues to grow in complexity, this
failure of nerve as to what is the riyht set of values will be
aggravated.
5
T.
Persisting high divorce rates reflect a shift in values. 40 to 50
percent of first marriages end in divorce. Divorce is one strear�
swelling the number of single-parent families, which are
predominately headed by women. A�iditional single-parent families
arise from births out of wedlock and from desertion of spouses.
The 9 million families headed by women promise to increase in
number even though prospects for such families are poor, with more
than a third having cash incomes (one-fourth, counting noncash
benefits) below the poverty line. By 1990, 30 percent of children
will be in single-parent families. Half of all childrzn will have
spent some time in a sinyle-parent family before reaching age 18.
At present, almost half of all black children and a fifth of
Hispanic children are being raised in single-parent families.
Changing values encourage life styles that can integrate well with
patterns stressing lack of permanence, variety, short-term
orientation and self-fulfillment. Whatever the strength of love
and other emotional ties at the start of marriage, continued
renegotiation will place increased stress on affections. Many
marriages will successfully adapt to changing relations. Many
others, however, will be ended by divorce as spouses evaluate the
1 relationship as out of phase and obsolete, with the time ripe for
new relationships with more appropriate partners. This is not to
say that these divorces will be painless; the parting spouses wilT
i� still experience a sense of failure and hurt that the marriage
could not be made to work.
Before long, many will find new mates s�.itable for the next stage
of the life cycle and will remarry. Time often brings new demands
and discontent, and the divorce cycle is repeated. That this
pattern of serial marriages is with us to stay can be seen from the
fact that the divorce rate for second and subsequent marriages is
slightly higher than the rate for first marriages.
The rise in family violence and the blurred male and female roles
will continue to add to the ranks of single parent families.
SQME "TYPICAL" PRQBLEMS OF SINGLE PARENTS ON WELFARE IN BROOKLYN CENTER
1. Isolation no car nr� money cannot easil rocer sh
Y Y
cannot socialize without moeny. Mother gets up late in the
morning, turns on the T.V. and leaves it on all day. It acts
as a dru dulls the mind so onP P'
9 do _s
n t have to think. Whila
-it is on all day it is the families' model for values and life
style.
2. Work Without a
car and with thr�.e l�ttle children it is very
difficult to take the bus and get the children to day care and
then get to the office by 8:OU a.m. In doing this, this mother
made five dollars over her welfare check. She had a chance to
get raises but the children were getting sick and it was
getting more and more difficult so she gave up the job.
6
3. Single parent families tend to move more than other families
making it difficult socially and academically for the children.
4. Single parents need a job with benefits such as medical and
dental insurance. Otherwise they are forced to stay on welfare
for these benefits.
Welfare allows $75 a month for miscellaneous which includes
child care. Child care averages $95.00 plus diaper fee for
infants a week and $50-60 for toddlers.
5. Children cannot participate in activities One h
mot er of a 13
year old son encouraged him to take a paper route to earn money
to buy equipment and fees to play hockey. After the first
month, she discovered she had to deduct what he earned from her
welfare check. Her son could not play hockey. She is concerned
about him not being able to play sports. All sports require
fees.
OUR COMMUNITY OFFERS OPPORTUNITIES FOR SINGLE PARENTS.
The Vo-Tec offers a special class for single parents, testing and
vocational guidance.
The four school districts, through their community education
programs, offer a wide variety of growth opportunities for single
parents.
The Parks and Recreation programs plan social opportunity for single
parents.
The YMCA, Girl Scouts and some churches have programs that include
and support single parents.
Perhaps child care and trans ortati
p on are crucial to the use of these
programs as well as money and the availability of program information
to the single parents.
There will be a Single Parent Seminar on Apri1 10 from 7:00 p.m. to
4:3� p.m. at the Community Center Social Hall. Vicki Lansky will be
the seminar leader.
The Northwest Hennepin Human Services Council has hired a student
from the University of Minnesota to do a study on the needs of sin le
are
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I p nts in the Northwest area.
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Excerpts taken from "Minne3colis is Peoole" State of the City Message 198�
by Dona].d M. Fraser, Mayor of Minneapoiis
poVeL�V 15 incr=_asing j CO:1C�!lttdt?� in families hea� '.7y WOr?R. 4v?
es�ima�= tha� the_e a*�� 13,QQJ vzr� Iow inc�me s.a51e pare^� hauseholcs
liv:nc...or per�aes I s;,culc sav existing...in Minnea�olis. So�= oL t::ese
house:^.olds ar� he_�� by czildra�...te=.^.ace mot^ers.
I belie�%e that t�e weL�ar= s:rste� has contri��`�d to t`e growt`: o=
G�n�°_.^.Ce'1C.l. F2°_°_I1t C:1a[1CZ5 1L1 W2?:dL° L�'LS?d�l have R1cG ��'12 ?L�C__Rt WOLS?.
FOL 2X2.T�oi2� t�? ie�2L'cI gOVe�;1cZ�;1� 1C1 198i prah 7.�ltz^ A_:1C L2Ci?:°_:7t5 f���
earainc waces, ma'<ing tneir .t�ansition to t^e wor'.c world mo�=_ di�=ic::1:.
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ar.d hc�:s:r,g. Sinc=_ 1979, t'^er= has b�:� a 3�i� inc_ea=e n�ticnally.in ti;= nur..�er
of caildr_z living in pover 1.
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C cur.selors W�C10 dL? tL�:II r' I1TC� S.��c� �71:5IR25� ER���-L°_:1°_L:�S tC 52?��:1 OII�'.. t:
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Ci�l�S� t:l� [1U[i��2L5 aL peo Clc� OR WZ?idL°_ OV��:J�1°_:itf t:12 L2�ClILC°_5 ne_r f��
1L;G�i'71GC:c? 1Z� plarnin Z'tla� 15 C10�`. ri.E C852 LLl i'L1i1I1°_COZ.15. t.
of t.`�e prooLem is sti1L m�naceaai_. we have t^e =es�u:c=_s. Ar.c I�elie.e t,.�a�
we have th� will to br=ak throuc,n tce c�cl� of pcser�y.
8
ADOLESCENT MOTHERS IN HENNEPIN COUNTY NEEDS AND SERVICES (a
report of the task forc
e on Adolescent Mothers. Sept. 1980 United Wav
ONLY CRITICAL ISSUES A[VD RECOMMENDATIONS FROM THE STUDY ARE
INCLUDED HERE
RECOMME?dD�TIOtJS
A. Introduction
The recommendations focus on the patterns of service use
and unmet needs of adolescent mothers, addressinc} the
question of what can be done to ensure that these young
mot�ers do the best job possible of raising their chiid-
�en, while making the most of educational and vocational
opport�in i t i es,
The recommendations suggested here are not accompanied by
detailed implementation plans, A committee or task force
must be esta6lished to develop an impTementation plan of
action. Only then wi11 any of the data presented begin
to assume real meaningo
B. Issues and Recommendations
CRfTICAL ISSUE. Low educationai atfiainment ot= adolesc�n� mothers
The educational attainment of adoiescent mothers is far be-
low that of their childtess peers,. Many�do not completz
their high school education.
The special school programs for pregnant high schoolers in
Minneapolis and suburban Nennepin County and the programs
for student mothers at two Minneapolis high schoots have
sor..e positive effect in keeping adolescent mothers in
schoola
Recommendation #1
To increase the percentage of adotescent mothers completing
their high school education the task force recommends the
secondary school programs which include child care and
transportation for adolescent mothers be expanded. These
programs should continue to be multi-agency efrorts in-
volving cooperation of school districts, public heaith
nurses, the community services department and other non-
profit human service agencies.
10
CRITICAL ISSUE: Availability of reliable, afrordable child care,�
Child care is necessary for adoiescent mothers to attend
school or taining programs, hold jobs, run errands and keep
appointments with medical and human service agencies, The
Task Force feels that the provision of child care can alsc
serve as an incentive to the young mothers who are consider-
ing school, training, or employnent. Child care, therefore,
is an important supportive services for adolescent mothers,
Recommendation 1/2
To ensure that no options such as school, training, and/or
employment are elminated because of the lack of child care.
The 7ask Force recommends:
That adolescent mothers be encouraged to use family
day care homes which are less costly than center care
and more likely to take infants,
That school�s and human service agencies work together
to incorporate child care services into educationai,
training and other programs offerred to adolescent
mothers,
That the Hennpin County Social Services Department,
the schools, and agencies which work with these
women make the young mothers more fully aware
tfiat Aid to Families with Dependent Children wiil
pay for child care while they are in schooT or re-
ceiving training,
GRITICAL ISSUE: High percentaqe of financial dependency on A,f.DoC,
About two-thirds of the women currentl rsl on A,F,DoC�
Y Y
as their primary source of income, Many of them are at
or near poverty-level status, The Task Force believes
the low educationat attainment, lack of job-seeking skills,
and occupational skills are related to these conditions,
Recommenda t i on //3
The Task Force recommends that incentives be built into
the A.F.D.C. program to encourage young mothers to
eomplete high school, attend college or vocational
school, and/or seek employment.
The intent of this is not to eliminate A.F.D.C„ but
to change it so that financial and service provision
promote movement toward financial independence.
11
(t is not the intent of the Task Force to force mothers
with preschool children out of the home,
Recommenda t i on
The Task Force further recommends that agencies modify
current programming to better equip adoiescent mothers
for the world of work. This could be done by coordina-
ting efforts with agencies which have expertise and
resources in areas such as practical programs on how
1 to apply and interview for a job, career counseling,
and information on t�aining and job opportunities,
Cooperation with private industry to provide practical
"on-hands" experience and training should also be ex-
plored,
The Task Force is aware that agencies will have to
examine their current allocation of resources and
determine the feasibility of such prograias, even if
it requires cutting back elsewhere,
CRITICaL ISSUE: Prevention of Unplanned teenaqe pregnancies„
The majority of women in the sample began tasing birth
control after their first pregnancy and have not used
birth control consistently. The women did not receive
fourth trinester tttedical care during 50 percent of preg-
nancies. It appears teenage pregnancies and tirths are
not planned and that preparation for parenthood is limited,
This view is supported by professionals who worl; with preg-
nant teenagers and adolescent mothers,
The attitudes and behaviors of nale teenagers are criticai
in preventing pregnancy, but have been ignored in the re-
search literature. A limited number of studies have found
that r�ales are largely unconcerned about the risks of
unintended pregnancy due to unprotected intercourse,
Recommenda t i on 1/5
To reduce the numbcr of unpl�nned teenagc preynancies,
and prevent additional pregnancies of adolescent mothers
the Task Force recommends that parents, teachers, heatth
professionals, United Way, unions, and religious leaders
work together to develop comprehensive family life ed-
ucation pragrams in schools.
A far�ily life education curriculum should incorporate
sex education as part of an overall approach to pre-
paration for adulthood and parenthood.
12
Some key aspects of such a curricutum are that it:
-be ins in earl rades•
9 Y 9
-includes factual information about sexuality, con-
traception, pregnancy, and parenthood,
-assists students in understanding their own sexual�ty
and relationships and supports individual's sclf-worth;
-develops skills for decision-making;
-highlights issues of male attitudes, behavior, and
responsibilities;
-identifies economics of parenting,
CRITICAL ISSUE: Access to health care,
Although the first trimester is medically accepted as the
best time to begin pr�natal care, only 50 percent of the
pregnancies experienced by the women in the study were
accompanied by prenatal care during that time.
Poor nutrition and medical care during pregnancy only
increases the possiblity of the complications often
associated with teenage births.
Since almost all women received care for their pregnancies
and reported high degree of satisfaction, lack of first
trimeste'r prenatal care does not seem to be associated
with problems in availability of inedical care.
ortant issue
Access to free, confidential care �s an imp
for adolescents seeking services related to contraception
and famiiy pianning, prenatal medical care and nutrition.
The success'of the Sto Paul Maternal and tnfant Care Project
points to the desirability of having healCh care facilities
located on-site within the schools, and having a range of
health services available so as not to label or scare off
those seeking contraceptive or pregnancy guidance„
Recommendation If6
The Task Force recommends that health care clinics be
established on-site at high schools to provide generat
health care, family planning and pregnancy counseling
to increased number of adolescents.
Such clinics will augrnent the family life education
curriculum and offer contraceptive information and
counseiing services.
I
13
enc o e ra i
This type of clinic must be a muJti ag y p t on
involving the cooperation of school personnel and public
health professionals,
The Task Force recognizes that these clinics may not be
the only option available to students, �ut that fcr a
significant percentage, may encourage thoughtful ap-
p roaches to sexuality, contrace�tion, and eariy prec�-
nancy diagnosis and care.
CRITICAL ISSUE: Knowledae of Service
All of the adolescent mothers in this study were 17 and
under at the time of birth. Lack of parenting education
as well as prenatal care among these adolescent parents
are possible indicators of inadequate preparation for
parenthood.
Present laws require reports to DPIJ only on births of
children out of wedlock superficial follow-up by local
agencies to make the mothers aware of services avaiiabie
to them.
eels i anno be assumed that wedded
The Task Force f t c t
adolescent mothers are, by virtue of their married status,
not in need of social services or in need of information
about services available to them,
Recommendation /{7
The Task Force recommends that the reporting system be
chang$d to include all births to women 16 years and under
and that programs be devetoped through�the public health
nursing services to visit all adolescent mothers to make
them aware of ava�lable services and facilitate the link-
age between the adolescent mother and needed services.
CRIT{CAL ISSUE: Program evaluation and monitoring
There are many guestions about the effectiveness of programs,
Answers would help to assess what works and what does not
work in reaching prograr� goals, whether the goals be in-
ereasing first trimester prenatal care, imp roving parenting
skills, getting sexually active adolescents to use contra-
ceptives, o� reducing sexual ability of aciol�sGents.
14
Recommendation /�8
The 7ask Force recommends that two programs be selected
or newly established to serve as a program evaluation
project gathering informaCion which will enable program
planners and funders to develop the most effect�ve programs
possible.
e Task Fcrce further recommends that of the ro rams
Th P 9
included in the project, one serve primarily minority
women.
The information gathered from this research can be used
to generate guidelines for modifying existing proc�rams
and/or new ones.
I
IS
V� The num�e* c,f chiidrea that can be
ser:ed bq lice:ised day�sre opera-
tioru tn :�tinneapolis a!so declir.ed
O� d�� C���, last year, said Connie Bell ot (he
Greater `.tiane�potis Day Care �tco-
v i.�� ciation.
Belt said Itcensed aperations in �tin-
neapo([s had accommodations for
11,�42 ckildren in 1933, but only
10,o i U in 198�.
By Paui Gustafsoa
Staff Writer Copeland and executive director
Dale Anderson of the 1�tinnea�oIis
The day care crisis tn Lesington associacion said the day-care sen•ice
Caused by the closin; of a day care most in demand for infants 15
eenter this month ts a dramatic ex• monchs and uader Is also the most
ample of ttie shortage ot day care in ditficult to fznd.
the ?win Cities area.
State Iicensing rules inciude stricc
The demand for care is incre3sing, standards an the number of sta::
particularly for childrea undes 15 membe:s and type of facilities re•
I, monchs old, but the number of li- quired tor infant care, they said.
cerLSed provideis is decreasin;, ae• Cope!aad said many day�-care �cez-
cording to day care or�nizations in ters don't provide infanc care be-
Henne�in and Ramsey counties_ eause they make little or no profit on
it
"IYs a major probiem, and ali si�zs
Show iYs going to oet wone. We see "Of the nine centers'closest to down-
parea[s turaing to more nonlicen.sed, town St. ?aul we sur•eyed, all were
fIy-by-ni;ht arrangements because charging betweea S9� and 3°5 a
they can't lindin; openings in li- wee?c for iafant care, and se•:erai
censed centers ar family opera- said they planned to raise their ra[es
tlons;' said 2om Copeland, an ofii- 8 to 9 percent this year," Copeiand
ciai with Resources for Child Caring, said.
a nonprofit group that act� as a
ciearinghouse for day-care rec�uests •'Despite that, all ot them said
they're losing money on infant care,
Although Inquiries from parents i�j and doing it tor tamilies wi[h older
Ramsey County have increased 15 Children at tbeir cen[ers and in
percent in the last six months. Cope= hopes the infants would be kept with
land said, the number of family pro- them."
viders has dropped 7 percent froni
1.232 in 1980 to 1,181 at the end ot Resources for Child Caring beg3n
1984• iecruiting famiIy day�are provide:
last yea: wit:� the heIp of a grant
He also said a survey of tamily pra lrom the Bigelow Foundacion.
videis, who care tor 30 percent o!
the children in licensed facilities, Even thouGh redaced-cost trainin;
�h
Indicated that 80 percent now have and iree use of toys aad child�are
the maximum number of children equipmeat were of,e:ed as paR ot
permit[ed under their state licenses. ihe pro;: am, only a6out 30 ne� pio-
viders have beea recruited so far.
In another survey conducted by the Copeland said.
group, the nine day-care centers
elosest to downtown St. Paul indicat- °We tee! the poot of poteatial provid-
ed they are at or more than 9.0 ers out there is shrinkin„ and e�en
percent full. with recruicment we're not keeping
up wit� the demand:'
"All of them who kept them had lonv
waiting lists," Copeland said.
16
A g�����ii�� o� fa������'
c�j�d���
8y Eilen Goodman se!t!e forjtist any man in order to �e i un�erstar.d the motives ot womea
The Bos,on Glcbe married and have a baby." L f• disiliusioned or discouraged at th�
�-rP,"a�', prospecLs for shared parentbood
�The "singie mothers by cho;ce�'-f�. vrho decide to give up hoping and g�
Boston their part, teil�similar storie�'F�jey. it alone. But these ne�x unwed moth
'Ihis w�s ihe time of year that was goL tired of waitin; for �ir. 'Riahty ers have done more than abanCo:
toughesi for ta[herless chiidren. 'The biologica! clock was _tleking.! the traditionai family. They havc
Whiie the rest of us were making They wanted, just plain wante�, a{ embraced the notioa that fathers arr
cards and gif�s for FaL`�er's Day, baby. So they went out to get q,�at the dispersable, disposable parenLs
they were given the "special" jobs to they wanted. One single mother •Wtio` handy but not viL:i. Perhaps that i
do for the teacher. But they knew chase artificial insemination tof•d a true for sorae mathers. Pertaps i
and so did we, reporter. "I did it the easy �vay; No has been true for some tathe:s. Bu
m�ss. No fuss." it's not true tor child: en.
In those days, the lucky ones thoughi
of Lhese frieac's rather as i1 they I know only one or two women �vrko� Children don't give up hoping so eas
were acciden[ vicii�s. They had lost made this deci§ion. I know nlany; ity. They cannot ratianaliue thec
their dads by death or desertion. more who think about modern, �n, needs so articulately. The babies anc
•j. wed motherhoad, as they con4em-ti toddlers photographed with mather_
But this Father's Day there is a piate the alternative of a chila�less< in these aY.icles about "eleciive pa:
group of children who are fatheriess hfe. t ents" have yet to be interviewed. B�
-by choice: the choice of their moth- they are likely to grow up with
e�• 'It is, I suspect, a reIIect�on an' our built-in longing in their lives like
wortd that their friends muster- 1y to ;row up m'�sin; somet".ing
In 1970 ihere cPere just a quarter- few are ments ag2�nst this "choirce."' missing the unnamed, unknowr
million families headed by mothets Their� ud �nents tri over the�
J g• P di- som_one their friends c211 father.
who never married. Now there are vorce statiscics. They talter over'• re..
over a million such families. Oniy a. ality. How many two-parent famit:ie$; What does it mesa to deliberate!
sma11 proportion af these mothers after all, wilt be "singled out". otrer� bring a generation ot fach�:iess chi:
deiibentely set out to have a chiid the years? How is it to bt� a drea into the world? Before we ac
alone. But this minoriry is pecstiariy sin�le mo[her by choice or by d:�- �ce�t this so e�sily as just anoG'�e
visible today. Indeed, they have re- fault?
�r,•4 option, we shouid ask the accider.
placed surrogate mothers and sin le i�:
victicrLS. A.sk them about their Fa
fathers as the media sub}ect of the �Yet I find myseIf une�sy as i read ther's Day.
��OB• .about these women and their bahies.
Not because they are evil people or
�?hese mothers fiave devised new bad �mothers. Not because of the i
names tor Lheir stacus, names like mothers at a11. But because it ap-
"elective parent," or "single mother pears that the women's need to have
by choice." Middle-class and educat- a chiId came first� before their un-
ed, some of them hold meetin� and deistanding of a child's need to have
�write press releases. Otheis pubiish a father.
books and articles about the wonders
-of choosing motherhood without fa- It is true that life is full of accidenLs,
therhood. -�v a unplanned pregnancies, divorce and
Qesertion..But there is sureiy a dif-
There was, of course, technicaily ference between a parenthood that
Speaicing, a biotogical father sortte- splinters and a deliberate decision to
where in the process. But he was a reduce.a child's paternity to a vial of
transient lover, a select stranger or, sperm or a distant strang�r. There is
more and more otten, a sperm do- a dltference between a dlvorced ta-
nor. He will never fight for custody ther and no father.
or visitauon righcs.
The lon�ing for a child is not mon-
These women display a11 the upbeat straLLS, or selllsh. There are children
tnmmings of a trend. In ever-chic already born in this Gacsh world
'New York ma�ine, a dtrec:or ol a ahose lives would be immeasurabty
fertillry ciinic who handles requests enriched by the addition of a parent.
for artificial insemination boass Adopting a child with a special prob- i
about her clienLc' superior taste: lem u dltferent from brin�}'ng one
"Our single recipienG are. brioh� tal- into [he world with a special pro�
ented superwamen who retuse to lem.
r�
17
�vv`vJ �/LvJ i
commor� t� ai��,
says �a«e���
be�in� e�rly
By George
Stafir'rlriter
Men who desert their families are
viewed by society with disdain. As a
resuit, the men are of;an isolated. Theq
tear talking about their lives.
Sometimes the law is iooking !or them
to coilect support for the children
they abandoned.
While Guite a number of studies have
documented the effect desertion has on
the wives and chifdren left behind, lit;le
research has been done a�out the men
who le2ve, according to Universiry of
Mmneso;a psychologist Pi-Nian Chang.
But, Chang said, thers ara sor„a
patterns, some traits ;hat seem
cAmmcn to these men; and tfis paxern
begins farming e2rly.
It begins, he said, with the he-man
image passed from iather to son. It's an
ima5e that is changirg, said Chang, a
�memoer cf the pediacrics depar�ment at
the universi,y medical schcoi. But a
�muititnde of cuitural inffuences cen;inue
to project the idea that real men do the
things men do. They go cut and get
jobs. They repair the house, fix ihe roof.
They do not take care of ihe children
and cnange diapers. They dcn't play
with iheir c:;i;dren a!ot. They can't.
They are too busy doing the things men
aresuopcsed to do. :;:y:.�
i 1 �I'w
Because'of this rigid image of himseff,
Chang said, the father graduaily r
becomes isolated. Meanwhile, the i.�.-
bonds ber�veen the mother and the
Children grow through feeding and
bathing and piay.
"One day it comes to him that his needs I
are not being met. He isjealous. He is
being shut out.
"What happens is that when he begins
feefing shut out from 2hese family
relationships it reinforces feeiings of
inadequacy that began developing
when he was a child. That is fur;her
intensitied by his jeafousy. As a result,
he becomes more withdrawn.
c
"He is up against a wali and there is no
way for him to break throush it."
Desertiort isn't inevitable, said Ctiang.
But the conditions are there. What
happens to tip the scale may come from
elsewhere in tfie envircnment.
"It could be the loss ot a job. it could be
eccnomic ccndi;ions," Chang said. "lt
could be depression, denying there is a
prcblem. A fignt could do it. rlkoholism.
tt ai depends on how near to the edge
the person is."
T��:�� i. lp
�����5 From/1F
1 'r
Net all men who Ceave families fol- may not be known for generations. A
lot*+ this pattern, said Chang, but chain ot evenLs is set in motion. �i�
I 1rom his pe:sonat experience as a
psycholo�ist and as a leader in a "The man a�hose father lett is more ��'�`�:Z ;,�`M^ �'-�r=a
single lathers' support group, he vulnerabie hitnself," the psyc�olog:�[ i� �''y.,�
thinic5 most do. said. "They hear [he:r mot� COtI
y� r�
tinually ber2tia� their fat :er and af r
i�
Sarcie, a snat! minority, he said, are ter a while they be;in be'.ievir.g iL f� •�'f��` 3
siripty irresponsi�ie. They marry a They grow up wich [hat and it be- r �f
Roman, live off her income, get her comes a self-fuifiliina prophety. s
pre�aant and leave. ?hen they go on
t�the ne:r womzn. "The fact their father was inade- �s Y���'� tF
qaate is projec:ed onto themselves ,,r�
"0[hers are rebellious and defy the They see the same inadeQuacies in ��'°`3
rigid role of the father and the themselves. There is always that �?�k;
«E,:—• �u�e�-..�a
breadwinner. They don't want chii- seed in their mind. They, too, mi;.ht Y�-r
dren. They don't want to be fied be inadequate. Then somethina hap
down. One man I kaow was success- ens that tri
p �ers tlte no�an ot infe
�fut in business, He :eft his farr.iiy to riority and they are caught in the �y�'�
A y y ....Jty�+�c�d�`,.'r 5',�,,,,y,�
become a carpenter in the north same trap."
woods
l Pi-Nian Chang
One of the tra;edies of such fathers
"j�1ea he retuned five years Iater is the speeial contemp[ reserved [o: lead maay mea to dese:tion.
he wanted to reconstruct his life and the�, Chan; said. It's a conte:npt
his son spit rig.ht in his face. He totd that caa be activated by sociery in Me� now are becoming involved
hLs father, '1 was 2 yesrs old and you ger.eraI, by the man's famiIy, his with their children, be;innir.g Rith
never even said goodbye.' own iriends or by the law. And if delivery. They are becoming more
they don't get him, his own guilt wiil. invoived in 5ringiag up theEr chil-
AYe the men who leave their fam- dren. And outside the fatrsily, er,n-
Ilies really differeat from other The common stereotypes of these pioyers are becomin� more se�siti�•e
�?n� fathers are 1ar from accurate, Chan; to th� incre;sin; role of the fa[her in
Y Said. "I don't thiak they are bad or raiing children.
Yes, said Chang. But the difference irresponsible, aithough I'm sure
is�one ot de�ee. Many men may some of them aze. But these are "IYs no longe* nncommon," Chang
have the same emotional problems, sufferino pe�ote. ?hey are lonely. said, "for a fa:her io br,n; his chii-
but. some Ieave and others doa'L No one ttas co:np3ssion for trem. dren to the ot;ice. :41ore faLhecs are
This is where outside factors�come asking lor pate.*nity leaves from
in. Som?thing tips the scale a -"When they remarry, they still suf- their jobs and ge¢in; ;hem.
fight, possibl It could be ao
Y the toss of fer. The „econd marra�_ usuall
a ob, economic hardshi y
Lsn't successful. Some of thzm dev�i- "This (change in roEes) mi;ht aot
op secondary infe:tility. In a high result in :'ewer divorces. (But) therz
Fqr one husband Chan; the perc�ntage, their spern count; actu- may be many more men invol�ed in
scale was tipped when the man ally diminish. Their CareeS Aoun- Custody.
learned his infant son had a fatal der."
cqngenical dise?se. That kno�vled;e "This also is going to mean 3 lot
eroded tiis sense ot his own man- But Chang sees §ome hope for the fewer fathers who abzndon the�r
hood. He left his family, future. The role of the man in a families."
r family has been shiftir,o, he said, and
When fathers leave, the full impact �this is changing the conditions that
19
I
r
.l W •�rl .�I.�"� .-'.�y �.�1'..ti
Overall, "the authors of the
M��eapotis Star end T�ibune which was released Tuesday, con-' The information for the project w�
Thur Ma��h �q' j985 Q Q� cluded that the lowest rates of teen- collected from reports publish�d by
S age pregnancy were in cour.tnes that organizations Inciuding the United
bad liberal attitudes towa*d sex, had Nations, the Plorid .Bank and Ihe
easil
I �'v y accessible contraceptive ser International Federation of Planned
v�ces for young people, with contra- Parenthoods and from question-
ceptives being offered free or at low,: naires sent to ali foreign embassies
y i Cost and without parental notifica- in the United States, to U.S. embas-
tion, and had coinprehensive' prcr sies abmad and to family planning
grams in sez education. 8gencies !n the countries studied.
_.r_
1� N
We had many results that we dId In the United States, the report said:
N •s not e.�cpect and many assumptions "Teen-age birthrates are much high-
made by Americans that simpiy 'er ttsan those of each of the five
were not supported by fact," said coantries at every age (15 through
7eannie Rosoff, presideat ot the tn- 19) by a considerable margin. The
By Nadine Brozan stitute, a research and educational contrast is particulariy striicing for
New.york Times or�anizahon younger teen-agprs. In fact, the max-
t.- i,; imum relative difference in the
New York, N.Y. s These are some of the birthzate between the United States
US. teen-agers become pregnant and y and other countries occurs at ages
8��e bir'ch and have abortions at si Ready acces,� to abortion services under t5. With more than IIve births
nificantiy higher rates than do ado- does not lead teen-agers to_ have per 1,000 girts aged 14, the United
lescents in other industrialized na- ��e abortions. States rate is around four times that
,tlons, according to a study by the a: i l oi Canada, the oaly other country
Alan Inst�tute ■?he availability of weifare and y with as much as one birth per 1,000
other forms oi support for young �grLs of comparable age."
Moreover, the' Uaited� States is the�' mothers is not a motive for parent- l t�•:
only `deveIoped country where teen- hOOd- �'E�� ..�TIIe presumption that low'adolescent
age pregnancy has been' increasing a pre;nancy rates reflect the irequent
!a recent years, the study reported Greaier avai?ability of birth con- use ot abortion -�and that, as a
I 5ro1 and sez education does not lead .�coasequence, U S teen agers seldom
The �pregnancy'"rate for Americans an increase in teen-age pregnan-' ;�{�ort to aborrioa was not borne
15 to 19 years old stands at 96 per �Y• -:-r.;� but in the study ,y�=, j-
f;Q00, compared with 14 per 1,000 in L ,�..a:.
fhe Netherlands, 35 in Sweden, 43 in The two-year project, conducted �According to the data� by� time
France, 44. ia Canada and 45 in En a'i� research �assistance fram the they..are lE years old, 60 of every
tand and Wales, the countries ,that Office of Popc�2atioa Research at I,000 women in the United Sta:es
were studied in depth as,a backdrop princeton University and ;tundIng •tiave had an abortion. By contrast, In
to the experiences of U.S. teen-a;ers. from the Ford Foundation, 'corn- the�NeEheriands, which aLso ranked
The teen•age abortion rate for the pared in general terms teen-age the towest in abortion use, only sev- i
Uaited States was found to be as hiah pregnancy rates .ia 37 developed en ot every 1,000 wortien age IS had I
as the coinbined abortion and birth countries. It provided a detailed ex- tiad an abortion. Fos England and
rates for the other countries siudied. amination of teen-age sexual prac- �Vales, the figure was just above 20 i
1, �ices, pre�ancy and abortion ntes, per 1,000, for France it was about 30,
Aithough pregnancy rates among "�ong with publIc policy in six of for Canada atiout 24 and for Sweden
black U.S. teen-agers stiil are.higher °�ose countries, inctuding the United about 30.
than the."rates among white teen= I $tates.
ae
gi's—t63 ra I
p e per 1,000
as
a
in
ga st 83 per 1,000 this does �e countries were selected because
not account for the United States' �eY closely resem6led the United
hlgh rates compared with industria!- States in socioeconomic and cultu:�ai
ized nations whose teen-age po ula- characteristics and because they had
tlons evidence similar rates ot spexu- $ccumulated data fegarding teen-
81 activity. r age sexual behavior. Their rates of
j:,,;=� adolescent pregnancy .also were
known to be markedly lower than
that of the United States, leading
researchers to hope that they might
discover approaches to the problem
that might be attempted here
c
'2
0
INFORMATION ON THE ELDERLY
submitted by Phiilip Cohen
12-5-84
To: Chairman Geor e Luch
g t Committee Members
2000 Committee
From: Phi1 Cohen
Subject: THE �JEED FOP, �1N ELDERLY COMPEPdE�JT IN THE BROOKLYfJ CENTER
COP�IPREHENSIVE PLAN DOCUMENT:
The purpose of this presentation is to share with the Committee the justification
as I envison it for the need for PLANNING FOR THE ELDERLY. The people we are
talking about is you, me and eventually everyone that stays in Brooklyn Center
to live out their 1ife.
It also affects the younger peoole and those in the middle �rho will be paying
the bills for providing for the needs of the elderly.
The need for planning that encompass long and short range goals was brouqht out
very clearly by Jerry Splinter at the last meeting. He noted very graphically
that Brooklyn Center is aging in sort of a circular fashion.
The e7derly are qrouped right now in the S. E. corner of the City and moving
around counter clock wise to the S, lJ..part, North to City limits, across to
the Garden City area and eventually to the N. E. neighborhoods.
i�Yf' .�...•3':1'c'.1':..�i�'.':j .i.�•T.+t�`�:E:.`•a.1�.• ;..'�•,i�• I• •'�i•�i t• i• i y�-� 1. i. .1.
r•.
This means that what is an elderly concern in one part of the city is not
quite there yet in others. Therefore the short-term-long term needs have to
be addressed to.
arooklyn Center cannot address this problem as an internal issue without the
need for other communities in the Metropolitan area to also embark on the same
type of comprehensive planning for the meeting the needs of their elderly pop-
u�ation. f
You ��rill find attached population information that will show that 2nd 3rd ring
suburbs such as Plymouth Maple Grove do not have very many elderly person in the
75 up group. If they do not plan to meet the needs of eveny those relatively
fe�v in that population aroup, then those folks will seek elderly housing and
services in the closer in suburbs who already have more elderly problems•than
they will be able to take care of.
To this end,�the Metro Council Lona Term E1derly Care Task Force is considering
a provision in their report to be issued early next year that would require all
communities in the 7 County Area to also do an Elderly Co►nponent in their
Comprehensive Plans.
We can no longer afford the luxury of exporting our housing and human'needs to
other communities because we do care to address our own invididual needs.
THE INFORh11�TI0N ATTACHED FOR YOUR REFERENCE ARE AS FOLL06JS:
1. MEh10RA�JDUht REGARDING POPl1L�TIOP� DATA IN TNE 7 COUNTY AREA:
As noted in the cover page attached to that memo, this is not a
precise document in that is does not "trend" the population with
reference to life expectancy or future growth potential in communities
not fully developed.
12-�- ;4
YEAR 20.0_Q C�1�,r�ITTEE
Page 2
C It does give you an idea of the magnitude of the problem and
the need for each community to pl�n accordingly.
2. MEMORANDUM OPl CO��PREHE�JSIVE "COM��UNITY" PLANNING FOR THE ELDERLY:
Since I was not able to find a"canned outline" to set forth some
of the possible components of a elderly plan, I put down on paper
my first shot at this effort. I have already received suggestions
on additional items that could be included and by no means is this
designed to be an all inclusive document, but intended to get the
discussion stimulateci.
3. h90RE THAN SHELTER- HOUSING SERVICES PLAN FOR OLDER PEOPLE:
This pub7ication by the Metropolitan Council that wil.l give you
S good insight as to the needs of. the Elderly in addition to
helter.
In addition to the Planning aspects, the legal realities come right with it.
If we want to think about such items as:
ACCESSORY APARTMENTS
SHARED LIVING
LONI DENSITY
ELDERLY HOUSING DEVELOPMENTS IN R-1 DISTRICTS
ELDERLY ONLY PROUISIONS
ETC----
Then- tive have to look at the legal issues that the City Council and �lannin
9
Commission �vill' be faced with. To this end, I have also enclosed a presentation
paper by Jonathan P. Scoll, an attorney with the law firm of Holmes Graven.
Jon�will be at h
t e meeting to rnview with you some of the legal issues that wi71
have to be considered_in planning for the Elderly as it relates to zoning, age
restrictions, etc.
lJhile some ideas seem to be nice and easy and comp7ete, the legal steps are ones
that have to be bridged in the process.
Finally, in an Elderly Planning, we must take i:n account the needs of the young
people of the conununity and be sure that we have a conununity with a"Balanced
Population." We do not want to become a"SUN CITY OF THE NORTH", nor do we want
to be overloaded with land off the tax rolls caused by a heavy influx of NON-
PROFIT housing developments that either take tax producing property away or
generates less taxes through abatements.
I
The planning cannot ignore- t•1H0 PAYS THC BILL. And, we cannot load everything
on backs of our children and grandchildren in order to meet the needs of the
Ed
1 erly.( And when I talk about elderly, I once more must re-state that those
of us in the 50's 60's are either
ettin
9 g there or are gett�ng there faster)
12-5-84
ADDEP�DUr� TO THE h1EP�0 TO THE 2000 COP�r�ITTEE:
Addendum is the polite expression for I forgot to put these items in the
main memo)
I am attaching some nea�spaper articles that points up the various issues
that come forti��ard in �•�orking on elderly housing and elderly care.
The approaches to keep people in their homes- shared living empty nesters
and the groa�ing buying power of the elderly.
4Jhat this seems to say is that there is no sinole-easy solution to the problem
and that as each aro�p of persons reach 55, 60 or 65, there are going to seek
perhaps different alternatives than even exist at this point in time.
That seems to indicat� that even if we develo a Com rehensive Plan for
Brookiyn Center, it will have to be continualPy updaped as the community
elderly population's changing needs will have to be accomodated.
A important factor that has be noted is that declining number of young persons.
One article notes that in 1982- FOR THE FIRST TIME, the 65+ population exceeded
the T£EN AGE POPULATION.
What that clearly means is that same thing tfiat is tiappening to schools can and
is happening to housing, In fact, in the future there wi11 be more housing avail-
able than younq families to huy them. To complicate tfiat even further, more young
�people have been renting since they have not been a61e to get into the home �wner-
ship. This has been mainly due to the high interest rates and lack of affordable
housing.
The most affordable housing avaiTable is the older homes ►vhere the "empty nesters"
currently reside.
In addition, while this underutilized housing is not being made available, the
builders and d�velopers are building housing in .the outer ring suburbs where
land is cheapest. It is in those locations that v��hatever affordable ne��� housing
is being built and made available for the young first.time home buyer.
If this development keeps on going forward, the fiousing 6uilt will continue to
add to what be could termed a'Hausing Surplus" for the future. Which could mean
that �vhen the retired folks want to cash out their older ho�ne to move into some
alternative housing, there may not be the buyers around to snap up there house.
With a surplus of housing and a scarcity of 6uyers, the price of the homes could
well be less than what the owners have been counting on. The value of the home
could be further reduced if the home has had deteriation set in due to lack of
upkeep.
Therefore, it would seem that the young people that are the ready and willing
buyers would probably opt �or the new home, at a"buy do��rn" r,ortgage wi±hout
all the problems of older housing. Brooklyn Center and some af the other first
suburbs are facing the same problem of the Central Cities in that the young
people left the older area for the new surroundings.
I fir�nly believe that a Comprehensive Plan for �he Elderly, not only in Brooklyn
Center,.but also in the entire 7 County Area is the only way that the older
Suburbs are going to be meet the needs of its Elderly, but keep the communities
in a balanced, viable condition.
i
v 1 \u;' F 1.� �;/.r �1 �1.11
v
'y
t�� w J 1 n
.-L 1� ..1. .,L� V .l.L �i.
C f" r
.�c��.�
ey tne New vork T�mes Anyone who wants to turn empty
NEVJ YORK Recent studies raoms irito rentable income will
by the American Association of find that most communities auto-
Retired Persons sho�r that 70 p�r- matically allow a"roomcr" to oc-
cent of those age 65 and over will cupy existinl space in the house
probably occupy the dtivelling in and share the kitchen. Permission
t�hich they are now livinb far the u not normally requ:red, provided
rest of thcir lives, and that only 4 a separate apartment is not creat-
percent are migrating to ctfler ed. An apartment is usually de-
states. fined as havino a separate en-
A similar survey conducted in trance and kitchen. But homeowers
1520 by t}:e University of Conn�cti- should clieck local regulations to
cut shoc�s that C5 percent of those be sure.
60 and o112r want to stay in tlie State-run agencies have recently
home t�ey have occup:ed for most h�een s�t up in some to�vns to help
of their adult live� if it can be match an eld°rly p�rson or counle
porked out. Y�1SI11Il� t0 S�l .;re a house, either ior
T;�us, in lirht of t2:e rapid er.pan- compaoionship er ir.c�me, with
sion of th� el�erly population, it is ctr�r oider people in need of inex-
hardly s� to di.scover an pensive rentzls. Amon� the best-
eFplosion oi interest in utzblishing }cno�vn is Proicct Share in I�iineala,
programs to assi�t old�r grople in T�t.Y., a service of the Nassau Caun-
�oing just tLa� ty Departm°nt of Senior Citizen
Such oppor�unities include per- affa,rs. E�nyt,t,e over a:, can pactic 9�
mission in a growing number of ipate. Homeowners must live in
co:nmunities to create a,� accessa tna cour.fy bnt renters from other A
ry apartment in the h�vse, either area� can sign vp. b
for income or in exchar,ge for on- rnany suburban communities b
site,ser��ices from the tenant;
abatements of property taxes; the F2rrnit acc�ssory apartments
establislur,2nt of house-s!:aring re- the creation of a separatz rental
ferral agzncies; incom�-produci�; Lnit in the existing dwellir.�. A
plans based upon b�ilt-up eGuity in �hectc �vith ti;e zoning c�fir.ials at
I� the Property; subsidized lcans for the local tocm hall r;ill verify if
home maintenance, and structeral such Lnits are permitted and th�
modification techniques and prod- re ;ulaticns that govern them.
ucts aimQd at mal:ing tlie house �hr.re there is a tocal office of
easier to run. Neighborhood Housicg Services, a
For instance, stariing ��ith prop- national independent nonprofit net-
erty tages due in 198�, New York work of abencies designed to revi-
State residents wlio are 65 or over talize urban residential nei�hbor-
with limited incomes may find 600ds, _older �residents should find
themselves eli�ible for substantial staff inembers particularly
tax relief. A new �aw passed this knowledgeable aboutany aid.
spring permits communities to
enact a sliding scale of t�zx abate- �nyone loctcing for gvidance on
ments for elderly people with an modifications to make thc house
annual household income af to operate, such as iastaliin;
I� $13,499 or less. The abatements a chair lift or pull-out cabir�eis,
range from 20 to 50 percent of the should contact tl�e Nalional Center
amount due, dependinn on income. for a Barrier-Free Environment in
So far, according to le^islative of- «ashin�;ton. This ahency, financed
ficials, most communitics in the by corporate �;rants, membecship
New Yort: metropolitan area have dues and publication salcs, witl
ado ted t��e new lan althou h provide a free tclephone consulta-
11ew Yorl: City has n t yet doac o. tion and sup��?y esplanatory book-
Ofticials s��;gest chccl:inti with lo- lets at 52.50 eacu; telephone
cal tag assc.csors. i(2fl2) S66-G�96.
's `a 1• R�•o�? N ,•,r,�!x:: xvr ?A*.:`��c`�"�' �Q�w:\
1
,r r
_:�-'t
a �t a
����;1��`t� 6 �u c�ii����s ��i� �9
C
B l o -aen. T
��'�'�.f����'�C� 0� ��o
Ry P.Ichard Meryhew The survcy of 1,000 homeowners some iYs a move to a different envi•
Stati Writer (those 45 or older) re��ealed that ronment ttiat will make them teel
about 80 percent of the 393 residents more secure. For others, it's an op-
The corner of Ruth St, and Suburban who responded vrould consider mav portunity to Ce relieved of some of
As. on Si. Paul's eust side was noth- ��s to specialty designed houslnn i1 the responsibilities of homeowner
ing more than dirt v;hen Mayor tax incentives were offered or it the maintenance."
i George Latimer s!abbed it with a siatus of thelr healt4 changed. (The
shovel Friday morning. availability of items such as poois. To increase housing turnover, city
lennis courts, exercise rooms and officials, through the help of ihe
Bvt 10 months irom now, the dirt iarger homes �vere not �een as moti• hiinneapolis/St. Paut F�mily Iious-
will hold a 57.5 million, 13-story resi- vation to move, the study sho�r•ed.) ing Pund, have made a preliminary
dentia! rental developmeat cailed Commitment to provide belo��-mar-
thc Pathw•ays Iiighrise. The develop• ^They (the empty nesters) don't ket financin� to qualified buyers of
y medt marks the city's fi:st attempt to �•�nt the maintcnance, the taxes and homes owned by residents who are
prov:de alternative housing for the heatinR bills that go along witli interested in moving into the Path-
�"empty nesters" homeow•ners t5o b�g single-family honie," said ways Highrise.
who ha��e remained in their homes Vic:ci hlurray, a project mar,ager fo;
after th^ir childrea have moved out.• •���t. Paul's Pla�ning and Economic The butld:n� iLelf wlll feature 126
Developr,ient Bep; rirnent. "They one� and tc�o•bedro�m e�,art ,�encs
City of!icials say thE alternatice �2nt to use their tirae thet they nor• that will be rented for 5445 to SG90
hoasinb is nece:�ary io make tri� �alfy used for malntenance for monthly. About 20 percer.t oi the
city's housin� stock available to somethin;else•" units wiil be tar�efed ;or low- and
youn�er famlli,,s. That stock is moderate•income resldents.
scarce, they say, F72C3L`S� unde��ei- °ti's a t�emendousfy diversa mar-
o�^d tand to build honsin� on fs hard� ket." �aid Thomas Fulton, execu.ive The city als� has approved develop-
�C fil!� �C3 �3�:LSC Tl�i'S.°E LCC: j)�': i` ta. r� C t�l' l:i :i E 1' t:7L�::.• V iif.�ji. ��kil�� n�an. Oi .11� l-o�+ne��h�
by oider homeowners aren't avail• r tocr��hou��s
F2mi1y }.ousin Fund, a pro de- or condomintums at four oiher sites
abte. signed to provide more housing tor fn St. Paul.
families with children.
To support their ar�ument for estab- But the key to their poputarity, clry
lishing such housing, city oflicials trins fYs possible to mak2 a mis- ofiicials a�ree, is mar;.etinn. The
point to 1950 U.S. Census Bureau ta�ce b}� assuming that everyone who 1S33 survey showed that the immedi-
statistics and a 1983 study of older falls into this catenory of a mature ate demand tor al :ernailv� housing
homeowners, family feets alike. I ttilns most of the by elderly hompoc�ners is not great.
studies tndicate the peopl� chcose to Only 1.5 to 3 percent of those re-
The census bureau statis:ics show �ay in their homes. There are a sponding to tt�e 19g3 survey ex-
that about on°-third (89,053) of St. number ot peopte Kho are interested pt2ssed "strong intetesl" in moving
Paui's populatioa of 270,000 is 45 or jn the Alt�rnative, but they have dit- to sp�cially desi�ncd housing !n the
older. ferent reusons for bein� interes2ed. nearfuture.
For some of them it's health, tor
F
7 e �7 Pf n !+1 r /�w, t�.•1 -...1 �t,� .:'�1 1 n 1 P� �"�f.�-t!
L� i. \as.. t .J u �f J i� :1 �J L U U Il iY 4:_� U N W �1 ti
rs
II}• Calrick li. Ilarc [3ul as mucA any marri��d cnuplc. Shc dl�cs Iti_• housewdrk and coak�
Nac�fir, Nrws tiervice they need each other. >u ll:trry ;�nd hitn a meal eveiy �P:y' ��1:�'n s!ie
Sally havc strurh a dcal lo mcct rewrns trom work. ln rcturn, Sally
hc w• ttaven, Conn. thclr respecti��e nceds, and in lhc livcs in the house rent•lree.
1[�rrq, 3�3, ar.d S�lly, 57, shure proccss joincd a new a�avc of
Itarry'� suAurhan home. They aren't partnershlps on the U.S. housin� "1 took care oi my wife for 23 }�cars
m�rrtrd, and thcy don't intend to scene. uftcr she had ;i strnkc °}lam said,
bc. And now my sons insist that 1 liavc
r� :�:_,y....� �s---_. ,__.,u
A• �1 r
�`'u'' �7� ���1 4 �1��'�
someon? living xith me. I lose my Harry and Sally have created a new ]iarry and Saily's story may su{�est
balance occa�ionaUy." household. It buck� ttie trend toward a�reason. Their arran�ement �vas E
smailcr U.S. I�ouseholds tliat Ion� created to meet a nred for �ervices
He no IonFer drives, but he goes to preoccupied people r.�ho study with the help of t'roject llome Share,
Concerls ��•ith S�lly. They even ;vent housing nt least untii recenUy a Ncw• Haven orr,anization that
to the Labor Day parade together. when ihe new ce:nsus fi�;ures showed speciaiizes in matching eldeNy
Says Satly, "ICs hir.d ot an instant this trend app3rez.tly has slowed.
famity." Share continueA on page SS
I
p,,ip� .e �'A
�,;�r��%� �:v Contlaued lrom pagc iS
homeowners u�ith peop'� .�eed tamilies need housir.g, and can "For matching to work, yc
housin�, many of them )•oung pro�•fde scrvices. take Ume counselin� the i�
mo:hcrs witD one or two children. involved," added Ri; hard E
'fhe gro��.th of smal! 6ouseholds also On the other hand, many ot the of Project Home Sh.jre. wt
has brc��ht a growth in househo:ds elderiy who naed services can inves,s about 15 hours of c
that need services. This is bccause so pro�ide housiao. An estimated 12.2 in every match.
r..in;• c' f':�� vo`�e 't e�Cer'�• mUlion hom�ewners ovPr 55 live in
households o! tvro people orless and Although there have becn
Peopie over 75 are the fastest- have five rooms or rpore. The of the public or privlte sav
growing age group in the country. question is, °Can «e get along with exchanges may bring, surv�
The[r ranks will grow by 5 miliion by eacli other well enough to use i[?" demonstrating the nceds to
the year Z000, ac� inerease o! 53 services and houseng are ut
percent. About 60 perc�nt oi them The possible exchanges make the Nor can the groundsw�ell ot
iive �lone, nnd about two out ot three question hard to answer. For matching programs be disn
are women. Thelr needs —[or example, would wealthy "empty because we all remember t.
trarLgortation, security, home nesters" !n VJestport, Conn., sacrifice generation gap of the late 'f
maintenance and other services space (or A smnll apaRment so their Perh�ps th�t was a time �vh
t►re weli-kr.own, and olien unmet. house will be secure while they udults and their heaithy par
wlnter in the I3ahamas? Or would a could aiford to ti;hL Today,
The same could be said ot the needs physicai therapy s[udent !n A'ladison, have a strong practical neei
ot two other types ot househofds that 1 Wis.. Provide Iherlpy in exChange exchange help in getting hoi
frequently are small. These involve fur room andboard? services..
single parents and famili�s where
both parenfs work. Afinest t�al( ot all The aru to these p:uticular As Alvin Schorr, professor o:
women with chlldren undcr 6 are qucstions ts yes, since both ure based und child tivelfare at Ca.�e W�
working, and demand for children's on actual cases. But they don't tell Reserve University in Ohio s
daycare ezceeds ihe supply. In hoW many other matches can De Teai poiential to[ such esct�a
addltfon, many parenLs Lave doubts made. "depends on whetiicr genero
about'9nsUtutionai child rearing." exchange are more deper.da�
"For any Inter�eneratlonal progcam currently ava�lab�c sources o
Can an exchan�e meet tAe needs of a to work, both gruup3 must get housing and services."
significant nwnber of small something really solid out ot it;' said
households, troth youn; and old? [f Kathy Ven{ara, whu has stud�ed such For many Americans today, l
so, housing �ili pluy a criticnt parL preJects for !he National Cuunctl on are.
Broadly spenking, mnny younger Ag:n�.
f-
f
i
��������a ��,i�����,��p
kas6ingsan Pcst ot before- anC �t:er•t�x ir.cen:e of A:!er �.^.ying $4,791 in taxes roost-i 1.7� persons on Ave:age compared to weU 6cAlnd only thc:e In the 55-53
Arr,r_rfc�ns by ase, race, houschoid Ty :ec.cral incorne tcx the avera ;e 2J3 persons for the nat!aa es a and Ea63 age caic:�cries, for ahtch
1: ashin; ten, D.C. slze and structure and Essorted otheC hoas: h�►c1 ended up wtth 516,272, �+hole. tIle averaor� were S7,S26 and 57,572,
A r.c H Ce2cus study shoa•s tRe eider- f�ctors, about 23 percent l�s. respetU•�ely,
ly ta this country are rnuch bctter off T@us, arhen the Ce�sus Bureau coa-
ihan pre YIGllS :y believed and, ln fact, The sutvey counied or.iy cas� in• I3oueehol:�s hesd�d by p�oFte f� cnd veYed Ce�nre-tax ir.come p�r F�ei:se- TLe near f�gures �re aImcst certain
better ot! th3n the avers;s Ameri- co^�e, not ncncvh benefits, such as over Cad lower a���ra�� Getoie-Gau �•hoid tr.to a:ier-t�.x tncame per capi- to beccrr.2 factcn in t6e ir.ter-ger.er•
i can. Their per c�pita after-taz la• riedic�re, h�edicald and food ir.cemes of 512,6_E and np;,ea�l�d to�� tn, the elderiy mo•red up si2a:piy. At otlonal patiLcs that heve �own up
come was :6,300 in 19�Q v¢rsus s;am�.^,. It aso coar.tc3 c�1y federal be pcor" than any ot3:er tg� �:'�up. �&,300, their so-calted dispr;:ule per eroar.G Se�l�l Security and hied!-
S5,9G4 tor the popvlaUoa as a whole. ur.d state inccrn�. Seci�l Security CLg.ta incon:e wzs hi�'�er t5an fat care. E�; �;:�e p;zr.c Frogam3 ror
and greperty t� xes; �t� tar.e� �rere Eet, lar�cly becacse Soc;ai S�: arity Ail groups �riih he�� cf hou ser.cld iha e1dc:;y Iw?el� ha�e t,�en Ia trca-
TT:�t fs the mo.,� sU•iking findtn� icft ouL bea�tlt� �rc tax esemRt, e1 ierly belo:� 50 ye2rs o1d, osi� .^.bo4t 5350 b:e, cnd Cor.c; e;s r;s h�d tu c�co�e i
frcm a Cens;LS surv�y of 65,000 ho•�:e��c:ds t�a��e e lo�rer t�x r� e(13 beiow t,he le�•el for hot: 2: e:ds he2d-.• in q;�;:e sGccl;ic fcs5l:a �et:�eca Wz
I I �ouseholds t�at for the first Cr..e Tbe aver�ge 1°80 ir.come af e:t perccat) L:nn any oG".er �ye grcup. ed by p�rc.�ocs SO to 54 yea:s old and [ncrca„es ior the youa3 or beae.it
provides autIloritative breafidor�rs Aoosehotds Defose faxes ws $22,Oo3. �dcrly �ousehotds sL^o coa� OIIIj/ 8P01IIQ LIICIT j'iC.'.L' C2T41B� years, aad cuts for lr� o!d. ?:ore such hard
....L:.._�.. :�,...i� ....a.. .....,r �r �v I �.'i 4re il :�.•:�y Q!.: tu°. haby-boom
gen�raL'oa mov� to:�r2:3 reUremcnt
ar.d L".c popa:::���.
TCe acw ste6y touad G"e per��pita
aSter-tzr, Irco:1: of c�.� etderly aver-
..eg^d SS �C�, the cc�-c,Ccrly. ea�ut
i__ i
S5.3I0; bI;.c?s. S3 9:4; H:�p2c1�.s,
S3.°'i5: Rhtic:.i. Si,2:3� i�.;.._:e•C:� i
DousehUl�s ��ttt C�::dr::a, S� ^:7;
and Cush:.�:d-wi:e 6ou�::�old5 ���Lh
chilQren, e4,8�3.
TT.e report a�o four,d: i�
fl The I3 perccat taz rete tor the
eldcrty aas t;�e lo^c:t cf 2a� �auy.
It eom� ared to 1�.6 percent !cr to-
mate•hczded hou>e;•o:Cs aith c�il-
e. 18 .rccr.t ior b�.^.�4s 18.7 er-
dr p p
cent fo: I;�,:ac:�, �3.1 F°rcen: for
w�l:es �r.d 23.� p°rcent fc: m2rried
couo:es r+ttn eai�c;rez
EITl�e total taz structu:e is soma
whet pro,;:�::ce, racaair.g !t fa!'s i
more Ce�vi;y on rich t!.sn poor, aad
so !t do� redstribafs ir.corr,e, but i
not as mucs 2s ccm�r:c�ly Detfeved.
I
j
f
V 1�I
T�- 'I"� 'I�
Ir t,i�:.�, L,r u�.: t,; .1 hme, th�: E S p lu.: pt;�iuL,hon rxC���rt1��r11hn nat:�rl I�r.n a�p: pp;�ufrfti�rt.
T
r i
�"'t d
T�
.1r..� �1 ,1, ,.y,�� 4
��I" ��2� �?�G��"�C
e A C�`��t ���p' �l,
y ndrea Pawiyna
Bai�Knoro Sun Elderly women like to look Productt thev need but they don't want someM�
telling t6em to eat h.�by (ood bec.�usc they ►�ave no teeth ar:
ALTI'.:ORE 7't;e t �,i Sen;m �j� attractive and are sec�nd o�ly to �'��u°° u���
spced �aoney on vacacp ;u, prefcrs W shop in She cites a recent TV commercial as an ciample oi a
de�anment stores rather ihan discou^t ouUcts, teenage f lil l�le aIT1011I1C O{ more �itive way in wAich to atiract Le attentioa of el�lr-�
trusu Waiter C: oakite, ar.d is feci up F�ith bey�� persaycd in eosmetics tliey buy 19 ty buyers. "It's a commercia! tor eyeglasses and a ccupie i:
�dcertisements as doddcnn; �d eccer.tric, accord�r.g to Dr, shoa-n waltir.g on th� beach. They're Ueated just lite an}•o�
Ruth 13e1k Smitb, a profe�or of tr.arke[ing at L9e Ur.iversitp RUt�l I3�IIC 51311tI1 else e:cept that tG2y're oldcr," she:ays.
of 2�iar;land aed a specialisl in th2 coosurnet bcEavior of Lha Ads [hat in.errate o:der ncople cri� poemger ortes also F
elGi::ly. cs_.. hi�h mar;:; trom Smith. "Oa� syam�±oo comrr.crcial h� ao
"7'�ey�re cot passive �x•ep!e at a11;' :a}�s the 35- •ear-old onl to tcenag g 1 oider c, eman in it and some ot tLe a:t drir,k commercias
3 y e irls in the zmount of cosmeti� they bvy. Ay are shoticir.g a�vholc age range af peuple enjoy�r.g these
pro!essor, �-!�o adis that elCcriy pcnplc are o:ten a p,rcnp, older prn�lc buy a lot of giits. Gra�dt�arents are p: c�u�y�^ �y
stereo .vp, d ia ceFati�•e Fa}s. '�F'eople r�nera(ic i�ink tl:at stcoad oaly to patenis in purchases �t children's toys aad
the e:derly am �,rur and sun�y RiLh tbcu n;oney, Duc t;;ey're clo.�ng:" Yet older people are not visible eno�vh in adcrrtisemenL:.
oot Tkcy te�� to spcad ra:Aer th.in to sare," she clai-ns. "AAont 5 p„rcent of ac's �ive etderly p�opir �n
Ccr2ain pro!fucts and services are used lezs irequently by the.-n. But tLe elderly malce u� I1 percent of tte popu:ation."
As a grnvp, the elderly aieid considerable clott in tte �s eldcrly, howecer. "T�:cy tced not to use credit can:s that
mark:.?��I �::r. In 152J. ti:e �rrapia aftcr-taz ir.;e;ne of aL-h no one really Y,noc;s �hy and i�cy dcnY seem to R �'cy Raub TV, Ne c! �ezly hae to tune in to Fro
L1osc BS a;;d ocer x,;s f6,259 ia 19:0, comp,:red to ;S,9I0 for �%uch of aa �,terest y^! in home computets or video �at fcaiu:e ople who are tbeir ocvn age. 7'Le T1i
tDe mst uf ::re popu!vion, accord:nG to Ce:�sus E;:rc10 ��tte recorders," she addc. �.a'nalities �hey re�ard most tighiy inclede actor RcErrt
fi�ures. Their purc2�sin� power alone is esumated at n e sertio YoL�g, newsman 17ajter Cronki:e aod 6ost Hu�h Ih,�s.
t citizens are tratiy corsumers of suc6 7n eczluating their bu�ir.� skiils, SmiLh describes the el-
Det�crn E30 aed :^_C� bilticn. And t,`.e:r nurnh,e� are pra±ucts as eyegla�.,es, hean :g aids ard lazatives, t�ey derl
iacreasin�. L� 150:, for the (irst ti:r.e. th� 65-p!us �arulatien res�t adverl:u�g ef;at empia;�zes any Fyysiczl decline. y's aa�en^ c•ho der,c�d �;;on past ezperierce
ezceeded t�c rztioo's ieenage pop�iatica M�t o:d�r Qeople don't e►c� cer_�:der themsclvcs'btd" aca Aord-of•mouth recommendatios az a generaf �ude.
Smith, a�Co bec2me interested in the ctderly r; Fen she :mtii the reac6 75, she savs. "By the time theg re2ch 75, "C'se rnis�oncection abeut the eiwert th::t i�
tiscove: ed :hai m�ri;eters v:ere i�norin^ them, says th2 taey'�e b�.�co:r;e proud of Lheir age. I3ut uniil t3en, they want u"-Y're br�nd ]ocal, but thcy're r.ot ":.�e sa�s�TLey' 2 d";
Duy�iag F.abiu oi seuior citizens do r,ot �Ifer g:eatty from Ec treated Iike evcryone else." nik:y interested in new p:ociucts."
tLa�e ot otf:er age grcups. Sa�ih reca3lt a case cshere a baDy fac�d mar.vfacturer �i� s5S �1sat supermarkees covd trs har�er to ma!:z
But there are a tew surprses. r��=.ed tGat some o'dcr ��o; ;e ecer� ea tng b�hy fcods �op?�a e:sier [or t;� elderly. Or.e ir„proce;t:ent v�ou:� F�
"The e;der;y are reat coneamers of wine (es iall Q�0°ucs c:�re easv to ches• �nd di^est. ��^crca�c the print size oa er.i: onci: tag;.
g P�' y Pon T�ic�ino ^c c a 5 h.any e��er:,
�cine) aod cofte�," sa:s �R:iLh. j}:.v t�ke t: kiap �ar,t•e�s t,,� �1t tCey had dscovered ��te�ti�l r.e�s mazket, F� P• ��'�nt shoppir.�, carfs that can be p� �ed mere
y�� :.h�y'rz �•e_y,: :e:E.ited miasAiuL, alchoc a tue nare e°'��'3-��;=•�"-r� tei to .:t E.ty fxi. a, a! 'c: s:'!. S�cia! :hc;ic oul l:.ces, �.irn;e: s.or�s aeu, i;et.er
Uouble finding vicell-titting clotdes. h�yers. "It was Lhe bi�;est twmb becaase the elderly didn't lighUag.
W�t to be sm�led oat that rray," she recalls. She has a tew suggestiacu for department stores as wetl.
'7derly rcomen Gke to took atcraeUve ar.d are s:�cond "'I'�e ►;Cy y� ���ty. Older perople are �ware that there are
s
See ElderiY. Page 7:,
�lderly:`��n artas�s target lo��Iy s�ut-ins
o
Continued from Paga 6C El�+eriy pcople sometimes lack p1e also (reqvently faii r•icGm to
Stores might attract more elderly assertiveness when they shop, r,�ail-0rder schemes. '•1'hey send
shoppers if t�ey had s�xial ctuth• S"'�� �}�s, ac+dir.g that tCey are a�eay for a metLcd of maLing mcn-
ing departments for older people, �Y�ially re'.uctar,t to complain it fy at Lome aad they either get
emp]oyed salespaople aho are old- tL+ey ace d;•�ati:;icr�i with some- back nothing or something that's i
er, and oftcmd carry-o�t sc.�yice, �'-�DS �ey've bou�ht. not going to du them good.••
What do the e?derly �look tor _��y t�ir,o it v�on't do Becaise ot t5is, Smith bclieves
t�trea they s5op? TGey tend to ranlc �t t!�zy do complain or that consumer rroe�.s shouid make
quality and durab�ity over styie or �hcy don't Rant to be thou�nt of as a greater effort at educating the
even price, Smith says. °If it's du- �atankerous," she says. ciderly. '"fhey neMJ much morn
rable and 6as a guarant��e, that�a A:wther problcr.� confronting tl�e corsumer information alwut ev-
far more imFartant than the social elderly, siece many of G�:m are ���ying, from opc� code datin; io
sort ot thing that it's beautiFul;' hoiucbouad and licinP aloae, �s 1�`-'rmarke:tc to Low to use 6omc
sCesays. their gmater susceptiAility to "rip COmputcrs;'shesays.
offs" by door-to-door con artists. IYs in the best intcrests of all
And, as far as cIoUiog gop, cancerned to pay more attention to
'"fhey want clothing thaYs de- "Sometimes oldcr people are older peup)e, Snuth s�ys. °[Cs b��n
signed wiW an older person's di!- ioaelp and Uey pcicome such peo- estimated that this segment of the
tcrent weig6t distributioo j0 ple into their homes because markct is goin� to incrcase 100
""^a thcy'rn nicc;' s6e says Oldcr pco- perce�t over lhe next 50 years
PII I L CoNEr�1
4-12-34
t�;E�•10R11�lDUt� REGARDIPdG POPULATIO�d DATA- SEVEM COUNTY T4�lIN CITY METRO AREA:
The atta�hed a
p ges provide papulat�on data describing the population in
certain age brackets as per the 1980 census.
II I Thi s �iata i s not trended or des i f ned m
to ake exacting forecasts. No�.ever,
if one takes the current life expectancy tables that state in the age
bracket of 55-74 �he survival rate is 74% for females and 55% for males-
I I� then a fairly accurate forecast can be obtained.
The census dat� this �ras taken fro�n had it broken doti�n b 5 ear
Y Y
�ncre�ments. For the purpose of demonstrating the number of ersons
curr,ently described as "elder]y" and those on the "horizon"PI have
put the brackets together in 20 year increments outside of the group
75 E� Over.
This information does not t4�:e in�o consideration t�:hat the additional
population �rill deveio� in scme of the 2nd 3rd Ring Suburbs. Nor does
it factor in the mortality rates of the future senior popuiation.
It does try to shoti�� that th� e7derly population will continue to gro��
and �ro« for the future qenerations.
It also sho�vs that every community will have the same problem to contend
ti•rith. And, that r.eally tl;nre �vi17 be no place for the elderly to "escape"
to for housing, health care, assi$tance, etc.
I believe that this relatively simple data does shotiv the need for each
and every commun�ty to commence the process of how they are go9ng to
house and care for the elder3y in their city.
It ��ill also take coordination b area cou
Y nty or region to provide the
services needed on the most cost effective basis.
This is a planning item that cannot be put off very much lon er. In fact
the time to get started is notiv �rith the problems in a manageable condition.
l•;i tfli n 5 years the snowbal l wi 11 start rol l i ng doti�rnhi 11 and i f everyone
concerned about the problem is not ready to handle i�, the situation will
certainly get.out of control.
�JAStiTNGTON C�UNTY
75 SS-74 35-.54 15-34
Cott.��c Giove 111 845 45fi4 7129
f�orest Lake 389 706 847 1621
rorest Lake To�1�nship 58 4�JG 13�14 183G
liu�o 4g
23G �l�l 1301
Lakc,�lmo 112 499 135G 1870
Oakdale 164 984 2666 49b6
St: Paul Park 79 �560 1091 1862
Stilli�ater 729 1617 2506 f148
liooclt�urv
155 617 2852 3317
;'.PS1SE1' ��li,�TY
i
:�rcicn Hills 425 874 1fi88 3380
I.ittic Canada 139 �J70 142� 3110
�la�lci��ood 965 3640 G260 9824
�lot�ncls View lOG 1009 2730 5279
\c�� i3ri;hton 548 2075 59G1 9216
\o. St. Paul
341 1a53 2495 4435
Rosevillc 1377� 6009 8�49 12��12
Sr. :lnthony (inc.Henn.) 351 1727 1933 277g
St. Paul 18513 48003 42851 105�25
S I101'CY1ClQ 148 1649 4371 G9.�3
�';�dnais Iici hts
60 392 9�i1 2336
t;hitc Rcar Lake SSG 2614 SG13 7��lfi
sco•rT c�uNTV
75+ SS-74 35-54• 15-�
.n
13cllc Plaine 284 460 48�J 890
Crcdit River 21 126 547 856
J
Jarclan 87 334 42� 731
Prior Lake 133 fi:31 1312 260fi
Savagc 37 309 902 155U
Shakojicc 397 2092 20l)S 3798
HEN�?EP I Iv COUNTY
t�loomin�ton I936 IS955 Z2541 30631
rro��;ly Center 667
4280 7893 116.58
Iirooklyn Park 304 2510 8G87 25436
C��a�n;,i ir� i(i'L 5�1 168� 3773
Cr�•stal 612 3909 6348 9404
EeJen Prairie 1�30 1060' 4Q42 6447
Ecl i n:i
2865 10065 22759 12497
Exce2sior l�J? 429 4fi0 1037
Gol�lcn Vallcy 895 4026 G286 713G
liopkins 1022 2689 2727 6597
�iai�le Gi•ove l�tl7 892 42O2 8595
�linilca olis
P. 27561 63042 60�07� 160015
�linnctoiika 933 4925 110G2 12641
�tound 256 1057 1998 3745
\c�: lfopc 1082 21(}4 5�41 3344
I'1 }•��tot�t}� 320 25O8 8588 11SS).i
ichEicicl 1421 7642 8255 14140
l:c�hhitt;;clalc 982 3497 2759 473:�
II�NNTiPIN C�UNTY (Conr.)
75+ 55-?4 35-54 15-34
St. Louis Park 2489 8552 8950 16111
lt'ay�ata .261 721 837 1252
CARV�R COUNTY
Chanhassen 117 573 1G59 2344
Chaska 251 829 1183 .5432
liaconia 288 493 54S 771
Itatcrtoti�n
137 279 �Ob fi2Q
Ai�OKA COUNTY
:1»clo�•cr 32 348 21.;0 3475
:\noka 612 1555 3205 9224
1�l ,i i ne 155 1502 6225 1470Q
ColtnnUia E�cights 738 3�O7 4834 71G3
Coon Rapids 373 2193 3526 IG727
1��-idlcy �91 3009 7883 9403
DAKOTA COUNTY
�1l�I�lc Vallcy 61 G99 515J S224
I�ui•nsville 2�4 2037 �J427 1411�J
E:��an 124 1070 4624 8G27
Fai•min�ton 233 604 798 1597
Ila,t in�s 575 1G22 27G2 454 i
Ii��•cr Grovc ilci�hts 300 12G0 3912 6830
Lakcvillc 4 7
145 705 2994 71
�Icnciota Ilei�hts 159 128G 2073 �111
Ro�cmount 75 379 113? 1SGQ
D/1KOT/1 C�l1N'I'Y (Cont
75+ 55-74 35-54 15-34
C
So. St. Paul 963 3862 4313 7G47
tt'. St. Paul 1218 4042 3823 6239
i�
�E
�u�ust 23, 1934
Persons and Organizations
T0: Interested
FROM: Phil Cohen
COt�IPRENfNSIVE "COh1MUt`;ITY" PLANNING FOR THE ELDERIY:
time to
rehensive Planning for some
Most cities have been involved with Comp �an be provided for with
to meet the governmental involvement of
be certain that the human needs acitye community
the fac�lities and financial cap
the community. much of the
ro4�th formation�recrea�ions,
1•lhen corr�munities are in the deveOOPengn°the form of parks,
direction is tov�ard e�C p P
af€ordable housing, the ever,
ic�cs up
on
1
�ni n-. sl o�� y p
With communities gro�•iing olc�er, plai 9
but sort of silent gro���ing needs of the elderly.
are curren�ly being met in �•�hat could be
However, the needs of the elderly It is evid2nt that most organizations,
termed fragmented types of programm�n9•
rh c �r �l��:si-c, .e r�Eb} �theirrpastf association.
whether the. roups of i:lderly Y
and general do-good folks, cater to g ion of people that have been active
e become,old, frail, etc. that particular
This comes about from the natural a sv� hu y
in the foremen ti o n e d g r o u p s, a n d
group wants to do something to help their retire d b r e t h r e n.
"for rofit" and "non-p r o f i t" d e v e l o p i n g and advertis�n9
e of offering includes �n
We no�� a r e s e e i n g t h e p
are items like housekeep�n9� transportation for me d i c a l
programs of "home health care assistance.° T h i s y p
a d d i t i o n t o m e d i c a l c e t c.
care and shopp�n9� yard care, comp�nion s h i p,
to become involved, so
r offed, be given a certain a m o u n t
It certainly speaks for e eas ily C�p n� t y 1'
t the elderly, ��ho ar the local leve
tha at
overnmental protec
tion
I able mun�t
of reason 9
it trould seem that the only way this cauld be approached for com
Therefore,
lo a ful l-bl o4m COh1PREHENSIVE PLAN ELEh�ENT FOR TNE ELDEP.LY
action �s to deve p
PRESENT AND FUTURE.
oyernment that they are It
each local unit of 9 concern and policy.
This would be a declaration bY on at the various levels of
making the needs of the elderly a matter of commoingy
would be a direct effort to coordinate what is g
overnment, and regulate, license and police where and when necessary e Plan
g this Comprehens�v
'n
�I d
Attached is an outline of what could be incl.ude
Study.
PC:js
Encl�sure
I ('hil Cohen
Elderly Comprehensive Planning
Page 2
QUTLINE OF SOt�tE OF THE COtdPONEfJTS THAT 410ULD �E EXAMINED IP� AN ELDERLY" COt4PREHEPJ-
SIVE PLAr� REVIEW �Y C0;•;fdUNITIES:
1. REVIEG! OF THE 1980 CENSUS DATA:
A. l�nalysis of the elderly population in 20 year groupings, by
Neighborhoods (ie: 75+, 55-74, 35-54, 15-35).
B. Trend the population estimates to�include mortality rates,
o ulation 1
P P oss and/or gain, etc.
2. IN�E�ITORY CF SERVIGES BEING PP,OVIDED AND/OR OFFERED TO TNE ELDERLY:
A. Provided by Governmental Units, (City, County, State, Federal)
B. Provided b� "non-profit" sector.
C. Provided by the "for-profit" sector.
3, HOUSIf��G IhlVEPlTORY:
Nu�ber of "Elderly" living in Single Eamily homes.
B. P�urnber o'r 'Elderiy" 'iiving in hlulti-Family/Senior Citizen housing
4. LAND USE IPdVE�lTORY:
A. Land available for elderly housing:
1. Hi h De i
g ns ty (16 units per acre up)
2. Mid-Density (8-12 units per acre)
3. Lo►�� Density (less than 8 units per acre)
a. Land currently being used for elderly housing:
C. Land that could be re-developed for elderly housina:
5. CURRENT ZONI�lG R
ESTRICTIONS; (PERMITTED USES)
A. R-1 Zone (single family only)
B. R-2 Zone (single family and two family d�•�ellings)
C. R-3 Zone (Town Nouse)
D. R-4 Zone (Apartments 12 units per' acre)
E. R-5 Zone (Apartments 16 units per acre)
F. R-6 and R-7 Zones (High Density)
f'h i 1 Cuhen
Elderly Comprehensive Plannin�
Pa�e 3
6. ELDERLY SNELTER OPTIONS THAT t�1AY MEED ZOPJIPaG CI�AP�GES:
A. Accessory Apartment.
a. Shared Living,
C. Low Oensity Multiples in Single Family (R-1 or R-Z Zones)
0. Other
7. ELDERLY SERVICES THAT MAY NEED REGULATION:
'A. Meals on 4lheels Health Ins ection
P
at place of preparation
transportation and storage
I B. Nealth Services.
C. Home Care Services housekeeping, yard service, etc.
D 1
E d?rl v [�ay CarP Service
E. Other.
�..__.1� ��_az��- ---z_----s„
lil
T
CREATIRG AhD EhFQRCI�JG AGE-RELATED RESTRICTIO��S
IN h��JLTIFAi�IL�� HO�SIr�G REGI��ES
JONATHAN P. SCOLL� ES�.
HOLMES GRAVEN, CHTD.
MINNEAPOLIS, MINNESOTA
89
RE1�TItdG AF:D �F L11TED ItESTItICTIONS
C R ORCIF�G AG� RL
Iti I�lULTII�11i-2ILY FIOUSZPdG I2�GII�iL'S
I. SCOPE OF OUTLIN�; DEFIrIITIONS
A. Scope of Outline. This outline considers i�hree subject
areas oL• relevance to the age-restricted multifamily
�I ho�sing regime: (i) the extent to which age-related
restrictions in housing can be prescribed or sanctioned
by r,?unicipal action, e.q., through the planning and
zo!?�ng process; (ii) regulation of admission to or
occ�*�ancy oi such an age-restricted regime by private
�:ctien, i:hrough covenar.ts, rental policies and tn�
like, as E•r�ll a� s and f���zral sta�ute� and regul�.-
f?on� and c�or�,.*�on law prop�rty doctrines be�ring on such
prit��te ac�ion; and (iii) �he �fficacy of resale
con�rols (association approvals, options, or riahts of
first refus��l) as means to preserve the essential
craracteris�ics of an age-restrictcd reg�me.
B. Defi.nitions.
n
1. Comman Interest Re ime As used in this out-
q
line, a"common interest° regime means an ocaner-
ship development involving a condominium, a
coopera�ive or a planned unit development. These
ocvne�ship forms are more particularly described as
follo�vs: i
a. Condominium. A condominium in ?iinnesota is
created under the provisions of t.inn. Stat.
Chapter 515A (or, with respect to regimes
created before September 1, 1980, Minn. Stat.
Chapter 515). In a condominium, the owner of
a unit has title to the unit itself and an
unc�ivided interest in the common elements.
The unit. owner automatically becomes an owner
oE the condominium unit ocmers' association,
which owns no real estate but adi�iinisters the
common elements, collects assessments, and
enforce� the regulations of the condominium,
as set forth in the condominium declaration,
bylaws and house rules.
b. Planned Unit Development. A planned unit
development ("PUD"j is a non-statutory form
of housi.ng created thraugh the recordirig of a
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I
t
plat (pursuant to the Minnesota platting
statute, Chapter 505, and local platting
ordinance); after such platting and prior to
the conveyance o£ title to the first unit
the devel
oper files a declaration of cove-
nants, conditions and restrictions (CCs
Rs), often in accordance with model forms
promulgated, e.q., by I'HA (see HUD Handbook
4135.1 REV 2). Unlike the condominium, the
unit owner has individual title to both the
dwelling unit and the underlying ground. The
common elements, on the other hand, are
separately described parcels of real estate,
•?�;,title to which is owned by the homeowners'
association, subject to access and other
easement rights of the individual unit oerners
as set forth in the CCs Rs. A planned unit
dec�elop;nent may consist of single-family
detached hom.e� or dcrelling units on indivi-
dually p�atted Iots sh�ring common exterior
eaalls constructEd �n the 1ot line (a "to:vn-
house"). Like a condominium, the unit ocmer
is au�omatically a member of the owner's
a�sociation, which performs iunctions similar
to that oi the condoniniurn unit o�aners'
associati�n. NOT�:: The term "PUD" may also
refer to the planned deve].opment tPCh-
nique of governmental lan� use controls. As
used in this outline, it refers, ho��ever, to
the housing type, not the zoning/planning
process by whicn it may be created.
c. Cooperative. A cooperative (normally) is a
eorporate structure in which the cc�rporation
owns all of the real estate, including the
dwelling units, with each indivic3ual resident
owning the stock or membership allocated to a
particular unit, and an "occupancy agreement"
or "proprietary lease" granting exclusive
right of possession to that unit. Comm�n
areas are administered in the manner similar
to a condominium. A cooperative in Minnesota
is created under riinn. Stai:. Chapter 308 and
involves no real estate covenants or real
estate conveyancing with respect to members'
interests, which are conveyed typically by
bill of sale (to the stock) and assignment of
the lease. See Julius Yacker materials.
2. "Aqe Restrictions". As used in this outline, "age
restrictions", whether imposed governmentally
(e.g., thraugh zoning) or privately (e.g., through
rental or lendir.g policies or by covenants) mean
72
�I
primarily restrictions confining occupancy or
housing credit to 'the elderly. Hot�ever, certain
case� are di�cussed involving "adults-only"
housing, i.e., housing from which minors are
excluded, without regard to the age of the adult
occupants. The legal rationales are largely the
same in both instances; the differences are beyond
the scope of this outline, but may be pursued
through materials cited in the bibliography.
C. Other Multifamily Housinq Forms.
1. Rental. See Henry Hyatt presentation.
2. L�.f.ecare Communitv. See Daniel �hue materials.
3. Accessory Apartment. A self-con�ained ren�al unit
created within a house initially cor.struc�ed as a
sing�e fami_ly dFrel.l�n�. See: "Analysia of the
Market and Economic r^easibility of �ccessory
Apartneni:s in Minnesota, �ii.nr.�so�a F�ousinq
Fina:�ce Ac�encv, Decemb�r, 1982; iVancy i•i.
Saltojanes, '�Exn�nding Housing Opaortunities
Through Residential Conversions und Homesharing,"
Rsp�rt N�, R4-7t'• Cc�narc�ssien�?. F�s�3rcn
Service, The Library o� April, 1984.
II. AGE RESTRICTE�7 HOUSIi?G PLAr?NIIIG AND ZONIDIG ASPECTS
A. Leqal I��ues In General. Could a municipality in
1�linnesota create a special zoning classiiiea�ion for
"elderly housing," e.g., a disi:rict in which cerrain
kinds of housing could be develop2d, so lonq as
occupancy was limited to elderly persons, or to house-
holds headed by elderly persons? Could a special
category ot "elderly" housing be authorized via special
use Fermit? Like most states, Minnesota has no statute
authorizing (or case law construitzg) municipal zoning
or planning directed to age-restricted housing as�sucn.
Legal authority today to create age-restric�ed zoning
classifications must be gleaned from the overall
-statutory grant of zoning and planning authority,
primarily Chapter A52, cdinnesota Statu�es, cases in
t�Iinnesoi:a construing� the zoning and planning powers of
municipalities, and decisions from other jurisdictions.
B. Statutory AuthoritV.
1. Planninc� Authoritv. riinn. Stat. �462.353 is the
basic grant of authority to cities to prepare a
"comprehensive municipal plan", defined broadly in
Minn. Stat. §462.352, subd. 5, as including, among
other thiiigs, "a compilation of policy statements,
73
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goals, standards, and maps for guiding the
physical, social and economic development, both
private and public, of the municipality and its
environs The statute, by its terms, is
broad enough to empower a municipali�y to include
an "elderly housing" component.
2. Zoninq Authority. Minn. Stat. §462.357 is the
baszc grant of authority to cities to zone. City
zoning may revulate, among other things, "the uses
of buildings and structures for residences
and may establish such uses tsinn.
Stat. ��62.357, subd. 1. Statute authorizes
division of municipality into "dis�ricts or zones"
but requires regulations to be "uniforn for each
class or kind of buildings, structures land and
for each class or Y.ind of use throughout such
district Special zoning disi:ricts for
"elderly housinq" have been upheld in o�hpr juris-
dici:ions (see below)
o c
td..�ropo].it�n I,ar.d IJ�e P1.annznca. Com�.re�ensive
l�lans. I:inn. S��t. �473.858 anr �<<X3.S�9,
requires me�ropoli�an municipalities to prepwre
ana submit camprehensiv� plans to rietzopolitar.
�:;c.zi;il; �ar.� u��. pl�. r,.�aii�zd �a;� §�73.859, suiad.
2 must include a"housir�g element" to m�e�
"existnng and projectecl local and regional housing
needs.
4. Judicial Construction of Aqe-Restrictiv� ?.oninq
Ozdinances.
a. ho Minnesota ciecisions.
b. O1dEr decisions elses�here invalidate zoning
classifications based on age. Thus, in
Hinman vs. Planninq and Zonznq Commission, 26
Conn. Supp. 125, 214 A.2d 131 (1905)• the
creation a town of a zoning classification
known as a"Senior Citizen PZanned Community
District and defin�d as requiring a minir�um
of 400 acres and limited in occupancy to
persons 50 years of age or older, v�ith
certain exceptions for spouses under age 50
and children over age 18 living with parents,
was declared invalid. The court held that
the state enabling legislation�allocaed only
regulation of kinds of land use and did not
permit zoning for "classes of people". The
court went on to say that welfare of the
aged, a proper concern of state and fe.deral
government, was not an appropriate concern
74
f.or local government. The distinction made
between zoning of use and zoning of sser has
since been weakened in zoning law generally
since the U.S. Supreme Court decision in
Village of Belle Terre v. Boraas, 416 U.S. 1
(1974) (Ordinance lim�ting land use to one-
family dwellings, defining relationships
constituting "family", upheld). t�Iote,
however, the reference to "use" in Minn.
Stat. §�4G2.357, subd. 1. A similar view is
expressed in Central ManaRement Co. v. Tes•m
of Oyster. EaY, 47 iiisc. 2d 385, 2b2 P1.Y.S. 2d
72t3 (S.Ct., Nassau Co., 1965) (discu�sed
beloca) in which the court said that "age, in
and of itself, is just as irreievant a
cc;nsideration insofar as zoning is.conc�rned
a..: is race, color, creed or physical condi.-
i:zcn."
0:� �he o�h�r hand, rsaldinz v. P*�bLo, 3G N.Y.
2d 481, 339 r1.E. 2d 403, 396 i1.�.�.s. 2d 385,
cert. den. 423 U.S. 993 (1975) upheld �n
ordinance of the �ocm of Huntington, N.Y.,
providing a new classification kno:;n as a
".r�tir.ement. comr,�ur.zty district" perr,lit�:ing
"multiple residences designed to pLovide
living and dining accommodations, including
social, health care, or ether supportive
services and facilities for agLo persons to
be awned and opera�ed by a non-profit
corporation organized for such purposes under
the laws of Necv Yor k."
C. Procedural and Constitutional Limi�ations.
2. Procedural linitation� on municipal action to
regul�zte age-restrictive housing arise from
familiar principles of zoning law of general
application, such as the reauirement that zoning
ordinances and mun�icipal decisions promote the
health, safety, morals or general welfare of the
community.
a. Relevant tiinnesota decisions.
(i) Alesander v. City of Minneapolis, 53T F.
Supp. 1162 (D. I+Iinn., 1982) aff'd 698
F.2d 936 (8th Cir., 1983) (City zoning
of location of adult bookstores upheld,
despite inCringement of constitution-
ally-protec�ted rights).
78
i,
I (ii) Fiubbard �roadcasting, Inc, v, City of
Afton, 323 N.W.'ld. 757 (Minn., 1982)
(Denial of special use permit for broad-
cast stat'
ion in area zoned agricultural,
court states that "municipalities have a
great deal of discretion in classifying
[zoning) districts and finding
the uses permitted in the district in
question were "rationally related to
serving the purposes articulated by the
cor�prehensive plan." 323 N.�4.2d at
764.)
(iii) Honn v. City of Caon Raaids, 3J.3 N.W.2d
409 (riinn., 1981) ("Rational basis" test
wiil be applied to the judicial review
of a rezoning decision, the stz.ndard for
rezoning is c•�heth�r th� classification
is "reasonably related to the promotion
of the public health, sarety, morals or
qeneral welfare," id, at 409; less
judicial ov�rsigh�.in review of �oning
or rezoning (c�here ci�y exercises a
"legislative" fun�tion) than in r�vie:a
�f a spe���l �ise Pprrit or rariar.��.
�vhere "public p�licy has alrea�y been
establishe�l and the inquiry focuses on
whether the pro�osed use is contrary to
the general welfare id, at 409.)
b.' Special use permits under existin zonin
t7ote that where an elderly housing develop-
ment would be a permitted use under a given
zone, or otherc�ise satisfies the criteria set
out in the ordinance for a sgecial use
permit, a municipality may not bar it or
deny a special use permit on the qround
that the site is 'n
i appropriate to the special
needs of the elderly residents themselves.
Central tdanavement Co. v. Toarn Eoard of
Oyster BaV supra.
c. Spot Zoning. No case found in which zoning
for elclerly held "spot zoning". Weymouth and
Barraud held that on the facts neither
qrdinance, as applied, presented a case of
spot zoning. t•iinnesota definition of spot
zoning can be found in State, by Rochester
Association of r�eiqhborhoods v. C�ty of
Rochester, 26g N.�•7. 2d gg5 (Idinn., 1978)
2. Constitutional Limitations: Due Process and Equal
Protection. The U. S. Supreme Court has held that
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age is not a"suspect classification,° like race
or national origin, so i:hat age discrimination
wiil not automatically require a"strict scrutiny"
standard of review and virtually eertain
invalidation of the discrimination in question.
See Massachusetts IIoard of Retirement v. Murgia,
427 U.S. 307 (1976) A revie�•�ing court will apply
the more-lenient "ratianal relationship" test,
unless a deprivation of a"fundamental right" can
be shown, in F�hich event, "strict scrutiny" will
again be applied. Housing as such is not a
"fundamental right". Lir.dsey v. i�:orme�, 405 U.S.
56 (1972). "Fundamental rights" may, however, be
associated with housing, such as the right to
raise a family, Moore v. Cityo uf East Clevel�nd,
431 U.S. 494 (1977) or equal access to housing by
1ow-income people, So. Burlington Cour.ty
P�.A.A.CeP. v. To,��nshi� or P�i�. L�ur�i, 67 N.J, 151,
336 A.2ct 713, app. dismissed ��23 U.S. S08 (1975);
Soufhern Burlinc,ton Ccuntv Pd.A.A.C.P. v. Tccroshin
of i�i�. LGurcl, �2 rd.J. 1�3, �56 A.2d 390 (19t�3) or
the rignt to travel, t�i�morial Hos�ita7. v, rdaricopa
Countv, 415 LT.S. 250 (19'74) V7hile earlier cases
indicated invalidity of age-restxici�ive zoning on
the equivalent of a`°strict scrutir.v" analysis,
sEe, eoa. F �;enti�i ian��qe:�:cnt v. ToYm �oard,
supra, several recent case have upheld age-
restrictive zoning as a valid exercise of the
police power, rationally related to land use
regulation and to the general welfare of a
significant segment of the population (elderly),
unc3er the circumstances presented:
a. Ta�;payers Association of Wevmouth Township,
Inc. v. V�ey�outh To.•mshio, 71 N.3. 249, 36�
A. 2d 1016 (1976) cert. den. 430 U. S. 977,
upheld a zoning ordinance ��hich limited the
use of mobile home units within a trailer
park to families in which the head of the
household or his spouse was 52 years of age
or older. The court held that the eviaence
of the grocaing percentage of the population
cvhich was elderly, the needs of the elclerly
for reasonably low cost housing and special
physical and social needs for,the elderly in
connection with housing justified the regula-
tion. The ordinance did not violate the
equal protection provisions of either the
United States or the New Jersey Constitution,
deny due process or violate the New Jersey
an�i-discrimination law. The ordinance was
r found not to be exclusionary.
77
b. Shepard v. �°7oodland Townshi Com
r I? mit�ee and
Planninq Boarcl, 71 iV.J. 230, 364 A. 2d 1005
(1976), a companion case to F7eymouth Town-
shi�, upheld an ordinance providing for the
establishment, as special use exceptions in a
residential-ugricultural zone, on tracts of
at least 500 acres, of "senior citizens
communities", in which residency was
restricted to persons age 52 or older except
one child of i9.years of age caho would be
permitted to reside for qualifying parents.
The court held tha� the ordinance nromoted
the general �-�elfare of the community, did not
deny equal nrotection or due process but that
2oning for planned developments for tne
elderly e�ould not be tolerated wher.e it
contribu+�ed to an overall pattern cf ir�preper
cYClusion by the municipality.
c. Cumpbell_ g�.L��4�, 58 App. Div. 2d 570,
39� N.Y.S. 2nd 909 (1977), held that
ordinance authorizin� planned retirenent
comriunity residence district liniting
o�cupancy to p�rsons age SS or over did not
nl e i���l P<<� _EC _i�r. ar.� �ha� :.�.r,ce age
c,ras not a"susp�ct cxiterion", difierence in
treatment on the basis of age could be sus-
tained so long as classification xa�ionally
furthered a legitimz�e state objective.
d. Could a municipality create a zoning
clas�ification including bo�h age and
residency requirem�nts, for the purpose,
e.q., of tuking care of "its o:vn" elderly? A
lower court in New York has invalidated a
one-year residency requirement in such an
orainance, on equal protection grounds.
Allen v. Tosen of North Hempstead, 121 M.2a
795, 469 N.Y.S. 2d 528 (S.Ct., Nassau Co.,
1983)
e. "Exclusionary zoning." Substantive due
process challenges �co zoning ordinances most
of take the form of claims that such
ordinances are "exclusionary". Warnings in
Weymouth and Shepard indicate that age-
restrictive ordinances may, in certain cases,
be exclusionary. As to what constitutes
exclusionary zoning generally, see Barnard v.
Zoninq Board of Aopeals, 313 A. 2d 741
(Maine, 1974). See, also generally,
Annotation, "Validity of Zoning for Senior
Citizen Communities", 83 ALF. 3rd 1084. The
78
residency requirement of the ordinance in
Al�.en v. Totim of tlo�th Hempstead, supra, was
found �o have an i�r�permissibly exclusionary
e€fect.
III. PRIVATELY-II•SPOSED AGE RESTRICTIOi�S
A. Age P.estrictions in Documents of Conmon Interest
Reqimes. In general, the legal issues w�ich arise
whenever a private developer or sponsor seeks to impose
age restrictions in a corunon interest regi�re are the
same, regardless of the specific t��pe of housing (e.c�t.,
cendoniniurn, PUD, cooperatie�e) Hot�,�ever, certain
differences do exist, on account of tl:e differing legal
mechanisms by ��hich each type of regi;�e is created, and
the differing status of such regine under other
statutes_applicable to housing, such as the tsiinnesota
Human Rights Act. This Section A is ccnc�rr�ed sole].y
with "use" restrict�.ons or covenants set for�h �n the
organizational docu:aents. O�her enforcernent mech�n�.sms
(e.c�., assaciatiotl options to purct�ase or rignts or
first refu�al), are discu�sed in Secticn IV, belo,a.
1. Condo:niniums:
a �.F^1a:. on of �cr.��m� *�i_u?, must �et L
age, occupancy res�rictions, ur.der P•iinnesota
Uniform Condominium Act. I�inn. Stat.
§515A.2-105 (9)
b. Minnesota Human Rights Act, t�iinn. Stat. §363
(see Sec�ion III{C), below): exemption under
Minn. Stat. §363.02, subd. 2{2)(b) frcm
prohibition against "famili.al status"
discrimination for condos e�:cept condos
converted grom rental buildin�s after
April 12, 1980, unless such conversions were
from "adult only° rentals.
2. Coop2ratives:
a. occupancy restrictions usually put in bylaws.
No statutory rea,uirement as such, except
ar�icles of incorporation may contain "any
lawful provision" Aiinn. Stat. §308.06, subd.
2.
b. Minnesota Human Rights Act (see below)
contains exemption from prohibition against'
"familial status" discrimination for coopera-
tives other �han rental conversions, unless
the rental conversion was from an adult-only
79
rental building. riinn. Stat. §363.02, subd.
2 (b) (2) (9)
3. PUD. No statutory exemptions similar to that for
condominiums or cboperatives under Minnesota Human
�Rights Act. Thus, in the case of the PUD, one of
the narrower exemptions discussed in Section
III(C), below, must be found.
4. Common law, Constitutional Issues. Unlike the
situation in rental housing (see�Section IIT(B),
below) age restrictions in common interest oc•:ner-
ship regimes have, for the most part, survived
court challenge. Challenges in ownership regimes
have been made on the grounds of "restraint on
alienation" or unconstitutional c3enial of equal
protection.
a. White Eqre� Cen�'ar,tir►it> �r�
m I'_�.n}:lin, .,79 �Q.
2d 3��6 (I'la., 197�). �erhaps tne riost aft�n.
cited case. The Floric3a Suprem� �Cou�t
I determzned that a cond�minium
p�ovisian
limiting persons urder age 12 fro�n residence
�was not per se uncor.sti�u�ional; it would be
invalid if unreasonably or arbitrarily
app2ied. The restriction .��as unh�l� ag�,a.nGt
the aer'endant, even though othQr under-age
childrert c�ere living in the proj�ct.
b. Similar ciecisions to t•�t�ite Ectret include
Riley v. Stoves, 526 P. �d 7�7 (.�riz. App.,
197�) 5tar Lalce North Conmodore Condo�ninium
Association, Inc. v. Parker, �23 So. 2d 5U,�
(Fla. APP•, 1y82).
A lower court in California originally
re�ched the same results as ��?hite Eqret:
Richey v. Villa Nueva Condorainium �ssocia-
tion, 81 Cal. App. 3rd b88, l�ld Cal, .Rptr.
695, 100 A.L.R. 3rd 231 (197II), al�o finding
the California Civil Rights Act ("Unruh Act")
inapplicable. The case has been impliedly
overrul�d by the la�er California Supreme
Court holding in O'Connor v. Villac?e Green
Owners As-soci�tion, 33 Cal. 3rd 790, G62 P.
2d 427 (1983), a decision based on the Unruh
Act, not on sl:ate or tederal constitutional
grounds. Note that 0'Connor involved a"no
children
n
policy (no ane under age 18) not a
"senior citizen" retirement project. The
latter form of restric�ion was impliedly
approved the year before by the California
State Court in a dictum in Marina Point Ltd.
eo
..r,,,.,,
v. tJolfson, 640 P. 2d 115 (19II2) (discussed
w
b..low which deci�ion ho ever likewis
e
struck do�an a"no children" policy in a
rental complex. Legislation to overrule
Q'Connor and Wolfson has been introduced in
the California Legislature.
5. "Independent Livinq" Requirem.ents. Related to,
bu� functionally separate from, age restrictions
as such are documentary requiremeni:s that
occupunts or owners be physically capable of
"indeg�ndent living", i.e., living c•�ithout nursing
or sirailar care. From the standpoini: of initial
purchasers, such requirements carry the assurance
that t1iA purchaser is not buying into a•regim�
�•�hich is or may, over tir�e, become the equiva-
lent o£ a nursing home. Frorn the association
per�pective, "independent livzng" requirements
wilJ_ bc just�fied on the basis of groteetion and
the saL and ���elfare of the residents as a
c•�i�ol�, Nevertheless, "independent living"
re�i:Licrions rais2 substantial.- and hitherto
untested -legal issues:
a. Standards for measuring "independen� living".
G�p �?-afi Pr�gn�ed rutes �Qr a �eti�emer.+�
condominium, A��endix 1, and St. Paul �'HA
Guidelin�s for Assessment of Independent
Living Skills, Appendix 2.
b. Procedural due process in the application of
the standards.
c. Remedies of th� o;mers, or association. As a
practical matter, enforcenent of such a
regulation against an owner or resident will
require him/her to vacate the unit. Would an
o�aner in such instance have a right to "put°
the unit to the association? Is the only
practical way to enforce such regulation
through a form of option? (See Section
IV (D) bQlow)
d. See, in general, Note, "Juc3icial Review of
II Condominium Rulemaking`�, 94 Harv. L. Rev. 647
(19F31)
B. Aqe Restrictions in Rental I-iousinq. Rental housing
generally is more regulated than ownership housing.
Cf., Minn. Stat. ��504.13-504.265 (basic landlord-
tenant la��r) gc�SG&.18-566.13 (tenant re:nedies act)
Courts may be more likely to scrutinize "no children"
81
II''�
or age Iimitations, therefore, in rental than in owner-
ship housing.
l. Minnesota Human Riqhts Act. (See Section III(C),
below.
2. National Housinq Act. (F.H.A. Programs):
a. 221(d)(4) Program, market-rate rental, 12
U.S.C. �I713(b)(2): mortgagor must certify
to no discrimination against families with
children.
b. 221(d)(3) Program, loca and moderate zncome
cooperative and rental housing, 12 U.S.C.
§17137.: same requirement incorporated by HUD
regulation, 24 C.r.P.. 221.536, ar.d see Carson
v. Pierce, 5�6 F. Supp. 80 {r^,,.D.t��o., 1982)
Sec�ion 221(d) (3) origir.al?y enacted to
encaurage rental housing for families or ]_ow
and moc�erate income, c��as amended to inclucle
an elc;erly uerson (over age 52) in the
definition o� "family". HUD ac�ministrativelv
takes the p�sition tl:at this amendm,ent
a.uthorized only "all-elderly" projects, in
�a•�i:.?c:i :.h:: '�fa.ni�.y" hol�ing c,�i��nally
specified. The legislative history is
unclear.
3. Court Decisions:
a. Marzna Point Ltd.
v. Wolf�on, 640 P. 2d. 115
(1982): landlord's `�n� children" rental
policy voided under California antidiscrimin-
ation law, even though statute did no� reter
in terms to the type of discrimination in
question.
b. Halefi v. Wend Investment Co., 672 F. 2d 1305
(9th Cir., 1982j, a case of potentially wide
application upholding a complaint against a
landlord with an adults-only rental policy.
The court found the complaint stated a cause
of action under the Fair Housing Act of 19G8,
42 U.S.C.A. �3604, Civil Rights Act, 42
U.S.C.A. §1983, and 14th Amendment. 14th
Amendment claim grounded on denial of freedom
of personal choice and family life (due
process) and discrimination against families
with children (equal protection). Since
these "fundamental rights" might have been
infringed by defendant's conduct, the
s�andard of review on remand would be "strict
82
scrutiny" (see Section II (B} (2) above)
"State action" necessary for 14th Amendment
clainis was found in the heavy governmental
im7olvement in the redevelopment project of
which the rental project was a part. (On the
"state action" requirement in constitutional
I� challenges to age-restrictive covenants and
rental policies in general, see Rosenberxy,
"The Application of the FederaZ and State
Constitutions to CondominiuMS, Cooperatives
and Planned Deve lopmen�s," 19 Rea1 Property
Probate and Trust Journal, l, (Spring, 19II4).
`1'he Halet case presen�s issues in "inner
city" redevelopnent �aith possibly discrimina-
torx effects on account of hi�her percentage
of minority households with children.
C. Minnesota Human P.i hts Act M.S,A. Ch� 363
q
1. In G�r.ez �1: The Minneso�a fiur�an Riqhts Act
proscrib�s a vriae range of "unfair discrir�ir.atory
practices" in ernployrci��nt, housing, public
�,ccommodatior.s, education, public services, etc.
Ai.S.A. 3G3.03-, subd. 2 c3�fines "un�air c?iscri;air.a-
I
•t�r.y pr a^t7r"2S 1:P to real. property (no�.,
apparently, exclusively confineci to residen�ial
property), and prohibits a broad cluss of p�rsons
(e.�0, an o��aner, l�ssee, sublessee, managing
agznt, real estate broker, real esta�e agent,
salesperson, bank, banking organization or other
lend�r, mortgage company, etic.) frc:� engaging in a
wide variety of conduct (e.g., purchase, sale,
rental or lease of property, advertiser�ent,
extension of credit or financial assistance) on
the basis of certain "prohibited cat�gories",
which include race, color, creed, religion,
national origin, sex, marital status, status ��ith
re�ard to public assistance, disability or
famil'ial status. Familial status is defined in
Ninn. 5tat. �363.01, subd. 31. Age, as such, is
not mentioned as a" rohibited eate or
I� p g y
2. Exc�ptions: Exceptions to the proscription of
"familial stai:us" discrimination are set forth in
Minn. Stat. §363.02.
a. Condominium exemption, Minn. Stat. §363.02,
subd. 2 (2) (bj (See �III (A) (1) (b) above)
b. Owner-occupied building containing four or
fewer units, Minn. Stat. §363.02, subd.
(2) (d)
83
c. trajority of residents elderly (over 55
(i) general exemption, M�nn. Sta�. §3G3.02,
subd. 2 (2) (c)
(ii) certification exemption, hiinn. Stat.
§363.02, subd. 2(2)(e);
c3. Percentage of building exemption for a
"housirig co:nplex", riinn. Stat. �3G3.02, subd.
2 (2) (a)
e. Percenta�e of units in a single building
exenption (up to one-�hird of units in
building notc part of "multz-buildinr7
cor�,��lex" Mir.n. Si�at. �3b3.02, sur:�+.
(2) (2) (i);
f. Coo��er.ati.ve corPora�ion e°emnti.on, P�'.T'fll
c���. §3G3.02, sub�. 2(2)i�) {See
§rl�i (I�) (2) (b) abov�) and
g. r2anufactured home park e;:er:ip�ion: caher� a
manufactured home purk has reserved by °�ark
rul�" a majc:-ity �f the lots for "ho�lseh�lds
con�aining at least one eld�rly gerson" or
has set aside a"section or sec�ions of
nianufactured horne park identified �y "park
rule" and not comprising more than one-third
of the lots in the park. Minn. St�t.
�363.02, subd. 2a. NOTE: tianufact�ured hor,z2
(formerly, mobile home) lot reni are
governed not only by I•Sinnesota landlord-
t�nant law but also, very elaborafiely, by
riinnesota Statutes Chapter 327C.
3. Nonexclusivity. Chapter 363 is nonexclusive in
its application. Thus, a city may adopt a human
rights ordinance prohibiting discriminatory.
conduct not specifically prohibited by the HumZn
Rights Acts and may provide greater sanctions for
violation of its ordinance than provided for
viola�ions of similar provisions in the Human
Rights Act. Op. Atty. Gen. 1006, Septemb�r 24,
1973. A city could, for example, prohibit housing
discrimination based on age as such. Minneapolis,
for exam�J.e, does so. See Minneapolis Code of
Ordinances, Section 139.10(b). Under the
Minneapolis ordinance, hosvever, age is a
permissible qualification under a variety of
housing-related exemptions similar to those of
hTinn. Stat. §363.02, subd. 2. Any municipal
regulation applied to the condominium ocanership
84
form moreover would have to apply equally to a
"physically identical development under a
different form of ownership," Minn. Stat. §515A.1-
10 6
D. Federal Statutes Applicable to Age Restrictive Housing
Development and Lendinq Policies
l. Aqe Discrimination Act (ADA), 42 U.S.C. §�6101 to
6707 roscribes exclusion of any person, on basis
P
II L' deniai oi benefits
of age, from par�icipation in,
of, or subjection to discrimination under "any
program or activity receiving Federal financial
assistance," 42 U.S.C. §6102.
a. Exemptions:
(i) Programs entailing contracts of mortgage
insuranc� or guarante�, 42 U.S.C.
�G103 (t�) 45 C.F.R. §90.4;
(ii} Program or activity which
(a) reasonublv ta,ses into account age
3� a fa�'.:cr :�_c���ar1� t� the n�rma?.
operation or the achievement of any
statutory objeetive of such program
or activity;
(b) the differentiation r�ade by such
action is based on reasonable
factors other than age, 42 U.S.C.
�6103 (5) (1)
(iii) Program or activities established under
authority of any law which
a rovides an benefit or assistance
P Y
to persons based on the ages'of
such persons; or
(b) establishes criteria for partici-
pation in age-related terms or
describes in�ended beneficiaries or
target groups in such terms, 42
U.S.C. �6103 (5) (2)
b. Enforcement: administrative entorcement,
e.g., through cutoff of federal funds, 42
U.S.C. §6104.
(i) no private cause of action, Mittelstaedt
v. Board of Trustees of Universitv of
i' 8s
Arkansas, �87 F.Supp. 960 (D.C. Ark.,
198Q)
I 2. Equa)_ Credit Onporttinit A
v ct (ECOA), 15 U.S.C.
1G91(a) -1691(f and k'ederal Reserve System
Regulation B, 12 C.F.R. Part 202.
a. Prohibits a "creditor" from "discriminating
agains� an applicant° on a"prohibited basis°
in a"credit trarisaction,° 12 C.F.R. §202.4.
(i) "Prohibited basis" includes age
(provided the applicant has c�pacity to
enter in�o a binding contruct_).
(i� The clefini�ion is not limit�=c� to the
churacteris�i�s of the appl�c�:nt; it
refers also to charact�ri��ic.; of
inc�i�i�ua� s caith i-�hom an app? icant
deals. One ex�.mple given in regula-
tions: creditor could not discriminate
against appliczizt for credit to build
apartr.:en� co:�ples b�cause of character-
istics of prospective ten�nts. Z2
G.F.It. 202. 2( z) itnote 3.
b. Private civil reme�ies, including damaqes,
punitive damages, injunctive and declaratory
relief are provided under the statute and
regulations. 12 C.F.R. �202.I.
c. Special purpose credit program, 12 C.I`.R.
§202.8, permits re€usal of credit if
applicant does not meet eligibility standards
un�ler, e.g.:
(i) "credit assistance program" offered by a
not-for-profit {�501(c), I.R.C.)
organization, for benefit of its members
or disadvantaged class; or
(ii) program offered by L organiza-
tion "to meet special social needs,°
[could include the elderly] if program
established and administered
(a) under plan defining benefitted
class and standards and procedures
for extension of credit; and
b
purpo�e of plan is to extend
credit to a class of persons c�rho,
pursuant to the customary standards
8e
A
of credit worthiness used by the
organization extending credit,
either probably would not receive
such credit or probably would
receive it on less favorable terms
than are ordinarily avai]_able to
other applicants applying to the
organization L a similar tyne and
amount of credit".
E. Permissible Aqe Restrictions: I'H�/VA Loans; FHLMC�and
F:�r�
1. FIiL?�;C: l�o mention in FHLriC Se11er's GLsi.de,
Conventional t-iortqages of age restrictions. t3ote,
however, special condominiun warranty, §3.207,
Seller's Guide, that condominium conply �aith
enabling s�atute "and all other ap?lical�le laws;"
similar ��ecial P.UD caarra;�ty, §3.203 tha PUD
complies �•�ith "all appli.cable laws"
a. Not�•�ithstanding these warranties, I'FiLt��C may
decline to purchase m�ortgages on any project
"becau�e of unc�erc�riting considerations based
�n. f�r example doc�.^���ntation revie:r
�3.208, Change 22, 147. Sucn
underwriting coui d ir�clude, e.g. 1�F-IL�IC
determination of a�verse effzct of age-
resfirictive covenants in a project.
2. FNMA:. FNMA Lendinq Guide, Part 4, §410002 permits
ccndo and PUD documents to contain "reasonable
limitations that restrict occupancy to persons of
certain age groups as long as they are
legally valid and nec�ssary to maintain the
character of the particular project." Practical
suggestion: obtain a project appraisal for FNMA
shocving occupancy restrictions will enhance, not
detract, from unit marketability.
3. FHA:
a. PUDs, including single-family detached
I housing �nd townhouses: Handbook 4135.1 REV
2 does not address.
b. Condominiums: See FiUD Handbook 4265.1,
Appendix 24. HUD will accept legal documents
accepted by FNhiA, FHLT•SC and/or VA. Documents
must also comply with all applicable
condominium laws. HUD Revised Legal
Policies, attached as Appendia 24 to Handbook
42G5.1. Note that the HUD Revised Legal
87
1
Policies prohibit a"right of first refusal",
Sec�ion 7(e). See Section IV, below. No
mention of age restrictions as such.
4. Veterans Administration:
a. Acce tance b Veterans Administration of HUD
P Y
condominium approvals is required by §535 of
the Housing and Urban Rural Recovery Act of
1983 (P.L. 98-18I)
b. 1982 Amendments to V.A. Condomini.um Regula-
tions authorize the V.A. to guarantee
mortgages in age-restrictive projects: 3£3
C.F.R. §36.4253(b):
(i) Condo declaration m� inc� -�co=_-i:�d
Y
res�rictions on sa�.L, 1`as� :s;�upnney
"based on age, includir.g tr.e ��rr,tan�nt
occupancy of the dw�Zl?ng by children."
V.A. rnay, ho�rever, r.efuse to appro��e any
such restriction "if its op�ration would
work an undue hardship u�on �he owner in
i}�-^_. n�?cE ^12�L•?ri� ll'.1f0�?c�^..°_11 3V?Il.`.0 O.'.
be lil;ely to result in an increased risk
of default." Examples of "undue hard-
ship" include
(a) requiring the sale of the unit if
the o�•aner becomes the guardian,
custodian of the child who must
reside with the o�•mer on account of
the death or incapacity of the
child's parents; or
(b) a prohibition against p�rsons belaw
the specified age Y�ho inherit the
unit from renting it to an age-
qualified occupant.
Enforcing aqe restrictions authorizing
eviction of oc�ners who give birth to
children is not "undue hardship". Cf.
the facts in Star Lake North Commouore
Association, Inc. v. Parker, 423 So. 2d
509 (Fla. App. 1981)
IV. RESALE CONTF.Or�S IN AGE-R�STRICTIVE CO.`MiON INTEREST REGItdES
A. In General. One way in which an age-restricted common
interest regir�e preserves its characteristics is
through various forms of resale control, such as rights
of first refusal or options to purchase by the associa-
�s
tion in the v
e ent of the sale of a unit owner s
interest.
1. Condominiums: Resale controls most frequently
take the form of "rights of first refusal" in
I favor of the association (i.e., the right to buy
on the same terms as the seller offers to or
receives from a third party).
I a. FNr�iA prohibits ric�hts of first refusal in
fat�or of association: See Lenc3ing Guide,
10.02.
b I'YA lilce�aise does not permit. See Ap enc3ix
23 to FiUD Hanc�boo}; 42�i5.1, �7 {e)
I� c. £�iL,'•�C allo��:s, as lor�g �s rights of f_ir�t
nor�c�ag�es are not impaired. See FHLI•iC
�ell�r'� Guide, §3.207.
V.�1. allocas re�ale res�rictions incident to
tl�e operation of state or local prcgrams
designed to assist low or mcderate ineo:r.e
purchusers of th� units. 38 C.I'.P..
�b.$3JU �D)
e. Note tha� if a potential purchaser is
C re'ected b the association under a cov�nant
7 Y
requiring the association, upon rejection, to
either purchase the unit or provic]e another
buyer, and the rejected purchaser does not
qualify �o be an owner, the purchase obliga-
tion of the association is not triggered.
Coc�uina Club v. hiantz, 3�2 So. 2d 112 (Fla.
APP., 197�).
2. Cooperatives: Resale controls may be exercis�d
through similar rights of Pirst refus�:?., or a
requirement oF board of directors consent to�the
transfer,- or both. Under Minnesota laca, board of
directors approval must be obtained before any
transfer of a nembership occurs, t�iinn. St��t.
§308.06, subd. 2; bylaws must provide that
cooperative board have fi,rst right to buy stock
"offered for sale by a stockholder," Minn. S�a�.
§308.07, subd. 9. In cooperatives under I'HA
mortgage insuring programs (see Julius Yacker
presentation), this option may be set forth in
terms of a fixed formula ("transfer value"). As
to such option, see Section IV(B), below.
B. Riqht of First Refusal as Restraint on Alien�tion.
Resale controls may be subject to challenge as an
89
v
unreasonable restraints on alienation. The test as to
an unreasonable restraint on alienation involves the
balancing of "the utility of the restraint as compared
�I, with the injurious consequences that will flow from its
enforcement," Gale v. York Center Co:nmunity Coopera-
tive, Inc., 21 I11. 2d 86, 171 N.E. 2d. 34 (1961).
1. Minnesota la�-a: provides little guidance. Certain
restraints will be upheld where not unduly
restrictive as to time, nor to the class of
persons to whom the property can be conveyed.
a. an absolute restriction in a will on the sale
or encumbrance of property for 25 years from
the testator's death was void. Re Anderson's
Estate, 207 Minn. 26�4; 126 NY� 2d "Z50 (19��:j
b. a ten year restriction on the sale or•
mor.tgage oL property, limit�d to gran�ee
only, has b�en.uph�ld. Younqers v, Schafer,
'I 19 i I�2inn. 1�7, 26� P1.��I. 79S (1936)
2. "Fzxed Price" Euyout For*�u�as: G�nerally, the
more a iixed or "fo*_'mul��' price results in a
�,�cr?.f�c� ��]_e, th? cr�at-er �i�� argu:��nt for un
unreasonable restraint on alienatian (and
therefore the stronger the justi�ication
required).
a. "Formula" buyouts in condominiums may be
justifiable in low or moderate income
programs to preserve affordability. Cf.
V.A. regs at 38 C.F.R. 35.4350 (c) (iv) (a) (3)
allowing a right of first refusal to a
government housing agency, exercisable within
90 days, at a sales price not less�than the
I locaer of (A) the o�aner's asking p� ice;
the appraised value; or (C) the original
purchase price, increased by an inflation
far.tor and improvements, less the cost of
sale, or a"other reasonable formula"
approved by the Veterans Administration.
b. A formula buyout option in an FHA "limited
equity" cooperative has been held not be to
be a restraint on alienation. Alexy v.
Kennedy House, Inc., 507 F. Supp. G90 (E.D.
Pa 19II 1)
c. See, generally, Brocader, "Restraints on the
Alienation of Condominium Units (The Right of
First Reiusal)," 1970 I1Z. Law E�'. 231 (1970).
90
N
C. Riqht of First R�fusal as Violation of Rule Aqainst
Perpetuities.
C 1. biinnesota perpetuities rule: codified in Minn.
Stat. §500.13, subd. 2, providing that "the
absolute power of alienation shall no� be
suspended, by any limitation or condition, for a
longer period than during the continuance of tcoo
lives in being at the creation of the estate
�r n
a. Note that condominium declaration "or any
in�trument executed pursuant thereto" are
sp�cifically exempted frorn the o�eration of
the Rule Against Perp�tuities, Pd�nn. Stat.
§515A.2-103(b). Daes this dispensation also
er.tenci to a right of first refusal (or first
opf:ion to the association, or a i:hird party�
expressed in the d�claratian?
b. A PUD would, in all events, not enjoy the
sta�atory er.emp'tion available to
condominiuns.
c. Coop�ratives: The exception to the rule for
cF,t::�-�� �:,�r.�^t�a wi�r �e�ses i� g�r.erally
applied to coop4r3tives. l Rohan P,es!:in,
Condominium Law ard Practice, Sec�ion 10.03
[3], and cases cited.
D. Associ.ation or Third-Party Option: Occupant Incapab].e
of Inde�endLnt Livinq.
I. Nature og Problem. See Section III(A)(5), above.
2. tlatlire of Option and Option E�ercise.
a. If an owner becomes incapable of independent
living, the association, or a third par*y,
could �urchase the unit, pursuant to an
option establi�hed in the organizing docu-
ments.
b. The o�tion would most likely have to be for a
fair market value (determined, e.q., in
accordance with an appraisal formula) to
avoid an unreasonable restraint on
alienation, at least in a eondominium or PUD
(see above).
c. The cr�teria establishing physical
independence would have to be spelled out in
detail, and a procedurally fair mechanism
91
1• v
established to determine "independence" in
each case.
d. See draft Bylaws of Becketwood Cooperative,
Appendix 3.
e. Note that such an option is at best only a
partial solution. P�hat if the occupant is
not mentally competent? The association, or
third party optionee, would have to secure
the appointment of a legal representative.
a
i
92
iNVENTORY O� CUNDITIONS
POPULATION
Positives
-Fewer teenagers resulted in a lower crime rate.
-Active positively involved citizenry.
Diverse population. race, good mix of ages, incomes, cultures.
-Excellent ratio of number of available jobs to working population.
-A stablizing population is easier to plan for.
Negatives
-Fewer school age children in cotrununity leading to surplus school facilities.
-Average age of population getting older most suburban facilities and programs
are traditional directed at youth population.
-What future use of abandoned school facilities?.
-Need to plan for the changing needs of elderly populution.
-Potential for stagnant leadership same faces need mechanism to encourage and
develop new leadership and expanded citizen participation.
-Greater need for accessible information center (public programs).
-Need for a review of City's elderly needs. f
-Single parent families appear to be on the increase as a total percentage of
family population.
FINANCIAL
Positives
-City currently has excellent financial health.
=Fiscal respcnsibility, good use of grants (state and federal).
Good eccncmic base diverse commercial/industrial/residential.
Negatives
-Because physical facilities (streets) were constructed at the same time, they
will become a financial burden at the same time.`
-State aids have become unreliable in recent years.
-Lower average income residents moving into declinin housin
g g
-Increasing demand for free or subsidized service,
-Potential d
ecrease in financial resources to pay.
-Declining revenues from state and federal aid, liquor stores.
I TRANSPORTATION
Pcsitives
-The freeways and major highways provide excellent accessibility f�cr
residential, ccmmercial and industrial property.
-I-94 corridor provides gocd access to downtown.
�Jell planned road/street system.
Negatives
-Heavy traffic through and around the City make some residential areas less
desirable.
-Lack of public transportation within community and suburb to suburb.
-Traffic problems between 69th and I-9�4 on Brooklyn Blvd. (need exit ramp on
Zane).
r
-B ookl n Center is
Y in the middle of a traffic corridor.
-Effective internal and intersuburban public transportation system is lacking.
-Traffic control and system modifications are needed at freeway entrance east
bound at Brcoklyn Blvd. from north and control U-turns and exit to Shingle Creek
Pkwy. frcm north bound I-94 across I-694 at 4:30 to 5:15.
II
LAND USE
Positives
-Good land use planning has resulted in a good mixture cf land uses and will
eventually result in a good balance of land uses.
-Higher quality development because of major traffic arteries.
-Lot sizes are a very good compromise between the smaller inner city lot and the
larger ex-urban lot.
Negatives
-Planning and implementing redevelopment along the Brooklyn Blvd. strip.
-Industrial redevelopment problems with older areas (on-site ex an
p sion).
-Deed restrictions prevent redevelopment for higher and better land use in scme
areas.
-Underutilization of the natural attributes of the Mississippi recreational,
habitat, vistas.
-Ugly Brooklyn Blvd. "a la Lake Street" development.
-Current zoning ordinance relating to lot sizes is very restrictive toward
residential infilling of open lots in residential areas.
-Single-family homes along Brooklyn Blvd. north of Highway 100 wi�l be a problem
for redevelopment.
-The current zoning ordinance lacks the following feature: a planned unit
development section.
-The following are suggested additions or modifications to be considered to our
zoning ordinance:
1. a planned unit development feature.
2. allowance for small cluster elderl ad
y ult only).
f
I
PUBLIC FACILITIES
Positives
-Public facilities, utilities, parks, streets, etc, were well planned and
require fewer major changes.
-Good park and recreation facilities.
-Ease of forecasting needs for replacement.
-Re ional/count
g y facilities available.
-City services are good to excellent.
-Utilities in Brooklyn Center were installed at the time when good materials and
construction practices were available.
Negatives
-Crystal Airport too close to residential areas.
-Poor maintenance of public right-of-way areas.
-Streets and util'
ities were all put in at about the same time, aging together.
-Streets were installed without concrete curb and gutter during the initial
development stage of Brooklyn Center and a substantial amount ef the
construction was without asphalt paver laid technology.
-No golf course in Brooklyn Center few in the northwest metro area.
-Study options relating to the use of abandoned schools.
EXTERNAL FACTORS
Posltives
-The Metro area future looks quite good as an employment and population center.
Brooklyn Center is in the NW growth quadrant of the Metro area.
-Excellent community education facilities because of four school districts and
prOgr'ammirlg
-Metro Council Regional Systems kept imprcper uses from our border.
-Excellent Chamber of Commerce.
Negatives
-Four schcol districts serve the City. (What's good for one may not be good for
the others).
-Potential for water system contamination by development outside City
boundaries.
-State and federal mandates.
-Crystal Airport and the frequency of recent accidents.
-Emerging suburbs may help create a surplus of single-family housing in the
future.
-Heavy traffic through and around the City splits neighborhoods, tends to make
them less desirable.
I
PHYSICAL CHARACTERISTICS
Positives
-Sandy soil provides gecd sound foundation for building and utility
constructicn.
Good quality and relatively secure water supply.
Benefits of good planning,
-Mississippi River, T�ain Lakes, Palmer Lake Basin, Shingle Creek, and Arboretum-
Preserve area.
-Regional shcpping facilitles.
Negatives
-Most very flat and uninteresting land contours.
-Sandy scil requi�es more lawn watering resources.
-City cut up by freeways and highways.
-Need for landscape, streetscape of right-of-way.
-L�ck of community identity.
-Dreary architectural forms in commercial, industrial and residential
development exceptions: a couple of churches, City Hall, Farm, Health
Central, Brookwood, Brooklyn Crossing, Medtronic.
-Shingle Creek covered by parking lot at Brookdale.
-All drinking/dcmestic water is from the Jordan aquifer.
-Twin Lakes, Mississippi flooding, water quality and use problems.
Palmer Lake Basin, Shingle Creek and Arboretum-Preserve area,
MISCELLANEOUS
Positives
-Pride in community and good working relationship of community groups.
-Good response,interest in solving problems by City people (staff and council).
-Gcod form cf Government, Charter Cit Council H.R.A. Adv'
Y isory Commission.
-Public and private partnership program.
-Comfortable interaction between city/schools/business and residents.
-Creative use of State and Federal programs.
-Responsive local political types city council, school boards.
E� -Emergency preparedness program.
Negatives
-Law enforcement simple solutions to complex problems (beer in parks, Twin Lake
j Beach).
r
r T.ee planting program no comprehensive plan or beautification prcgram.
-Lack of energy-efficient design retrofit ordinances too restrictive, solar
rights, earth berm, air lock entries.
-Lack of resource recovery paper from City Hall, recyclables from residents,
commercial and industrial.
-Limited support service for single parent households.
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EXTERNAL FACTORS
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3 5
YEAR 2000 STUDY
EXTERNAL FACTORS
1. State Government Actions
-Currently suburbs are relatively ineffective in influencing the legislative
process.
-Suburbs lack lobbying clout and organized effort.
-The State continues
to mandate without fiscal analysis (comparable worth
issue is an example).
I -Local government aid formula disparities have created friction between
municipalities and the legislature and among municipalities (haves and have
not).
2. Geographic Location
-Brooklyn Center is in a frost belt area and is affected by energy costs and the
resulting higher cost factors for doing business and living.
-Our geographic location both enhances and deters our ability to attract and
keep a diverse population.
-Mississippi River located along our east boundary, coupled with inadequate
bridge crossings, creates traffic congestion.
-Our abundant water r r
esou ces are now and will in the future be exceedingly
valuable in sustaining the metropolitan area.
I� -Location on southern end of Minneapolis to �t. Cloud growth corridor.
3. Federal Gcvernment Activity
-HUD is an ineffective agency in assisting Brooklyn Center in accomplishing
most of its planning goals.
-Federal mandate controls are making it more and more difficult to accomplish
anything with federal funds.
-The future of Brooklyn Center's ability to finance such projects as Brookwood
will be impacted substantially by the interest rate policies, IRB policies,
and the general monetary policy of the federal government.
-Other factors relating to high interest and other economic and monetary
policies, the federal deficit taxing and spending policies.
-Federal health care assistance programs do not encourage cost effective
I community based programs.
4. International and National Economic Factors
-Our econcmy is becoming international rather than nationall r'
I y o ientated.
-The world is becoming more internationally dependent.
-Start to compete in international markets not only national markets.
-The current
State of Minnesota policy is directed at encouraging
international marketing.
5. Metro Area Factors
-Questions must be reviewed by Brooklyn Center relating to what other suburbs
are "doing" as it relates to their development policies, financing policies
and other relevant policies.
-The same could be said for the central cities as to "what are they doing" with
regard to development, financing and other relevant policies.
-Brooklyn Center must examine the extent to which energy and climate factors
will affect metropolitan growth and how does that relate to our sustaining our
present economic and social base.
-What is the metropolitan government input or policies going to be in the
future and how will they relate to local government.
-Brooklyn Center must be active cn a metropolitan and state level to monitor
and influence these type of policies.
-Cultural and recreational influence most things south.
6. School Districts
-How are they planning for enrollment fluctuations we know are coming in the
future.
-What are the school closing, financing, and other relevant policies of the
four school districts and how will they affect Brooklyn Center.
-What will our school districts need to maintain the current perception of
"quality" education.
7. County Government
-What perceptions does the County have regarding its future services and
service levels and what, if any, services are duplicated.
-What are the financial policies of the County and how will they affect
Brooklyn Center.
8. Special Districts
-The new watershed di.stricts will impact 8rooklyn Center as it relates to water
quality and surface runoff.
-The Metro Transit Corrmiission (MTC) must be involved if we are to have an
effective transportation system.
-The Metro Waste Control Commission (MWCC), which controls the sewers and
sewage treatment in the metropolitan,area is struggling with a number of major
issues at this time. The first of which is the internal problem of management
and the second of which is the high cost of treatment and the problems created
by federal regulation of water quality standards.
-State University system and the Vocational Technical system and how they
handle the slackening enrollment crunch, which is coming up, will have a
substantial factor on the ability of the metropolitan area and, indeed, the
State to handle the economic stress which is accampanying the changeover from
an industrial to an information society.
9• Sociolegical Factors
-Because people are going to be more and more involved in high technology, some
futurists are indieating there is going to be a greater need for
personalization in our institutions and that includes cities.
-They are predicting there is going to be a trend toward participation
democracy. (I believe its been here f'or scmetime, but we may have more af it.
-It is also predicted that a current trend is away frem hierarchial
organizations to more networking type organizations.
-There is also the more obvious trend away from the more traditional
industrialized economy to an information and highly technical type economy.
-There seems to be also a tr
end away from centralization more towards
decentralization both in government and private organizations.
-There also appears to be a trend more toward people and citizens of Min
nesota
and the United States to be more interested in multiple options rather than
either/or choices in both their private lives and in the policies and direction
of their government.
-There has been, and will continue to be fcr sometime, a population shift from
the north to the south and west.
-Brooklyn Center is automobile orienteti. Should our society orient itself
around some other mode of transportation. Substantial modifications to our
physical facilities may be necessary.
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