Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984) (12)
Parent Document: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction: California (state)
Effective Date: 1984-11-15
Original Source: https://www.courtlistener.com/opinion/2139884/adamson-companies-v-zipp/ ↗

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(12) Having concluded that the Unruh Civil Rights Act does apply to mobile home park tenancies, we must examine the record at bench to determine whether plaintiff's park meets the criteria described in Marina Point, Ltd. v. Wolfson, supra, 30 Cal.3d 721, of an age-restricted housing facility reserved for older citizens, which "can operate as a reasonable and permissible means under the Unruh Act of establishing and preserving specialized facilities for those particularly in need of such services or environment." (30 Cal.3d at pp. 742-743.) The record at bench fails to disclose any evidence that the park possesses such attributes by which it might reasonably claim to be such a specialized facility. Rather, the evidence convincingly proves the contrary. The park has no "particular appurtenances" nor provides "exceptional arrangements" to meet the special needs of elderly residents: the absence of paved pathways within the facility appears incompatible with the needs of many elderly persons, who lack easy mobility and often employ mechanical devices, such as walkers and wheelchairs, to assist them; the absence of a shallow portion of the swimming pool similarly suggests that the pool is not designed to meet the needs of the aged, whose physical condition may well require as a safety measure a readily accessible place to rest during swimming (cf. Marina Point, Ltd. v. Wolfson, *23 supra, at p. 744, fn. 13); moreover, although 80 percent of the park's population is over 50 years of age, a substantial portion of the remaining tenants are under 50, and the park does not reserve residence to the elderly or preclude tenancies to anyone other than minors. Under these circumstances, as in Marina Point, Ltd., supra, plaintiff cannot reasonably claim that its exclusionary policy against children serves any compelling societal interest in meeting the particular needs of the elderly. (30 Cal.3d at p. 743.) The additional fact that children have been part of the park's tenant population and are "always present" as visitors for up to two weeks monthly (see fn. 6, ante) constitutes persuasive proof that the park does not qualify as an age-restricted housing facility for the elderly within the statutory provisions in question. (See Marina Point, Ltd. v. Wolfson, supra, at pp. 742-743.)

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