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Commission flags Lower Paxton age‑restricted language for Fair Housing review
Summary
Dauphin County staff recommended support for Lower Paxton Township zoning cleanups but commissioners urged the township to review a new 80% occupancy threshold for 55+ developments for compliance with the Fair Housing Amendments Act of 1988; staff will add a comment recommending solicitor review.
During zoning‑amendment reviews on April 6, Dauphin County staff recommended supporting a package of municipal updates while flagging a specific concern in Lower Paxton Township's proposed "age‑restricted development" definition.
Commissioner Mary Gaseki questioned a provision that would require "a minimum of 80% of all single family detached, twin and townhouse dwellings shall be occupied by at least one person 55 years of age," saying that the provision raised fair housing questions. "I just think that some ... lower Paxton should take it to their legal and make sure that they're not treading on ..." she said, urging review.
Staff member Andrew said he would include a comment asking the township solicitor to review whether the 80% threshold aligns with the Fair Housing Amendments Act of 1988 and related federal guidance. "I'll probably write it in a way that's encouraging them to check with their solicitor about that provision specifically and whether that complied with the Fair Housing Act," Andrew said.
Why it matters: Municipal zoning that tries to codify age‑restricted occupancy rules can trigger federal fair housing protections; erroneous language can create legal risk for a municipality and developers.
Next steps: The commission voted to support staff recommendations with the addition of the comment asking Lower Paxton Township to consult its solicitor on Fair Housing Act compliance; staff will transmit those comments.
