Olivia on Marsh Creek - We Were Bamboozled!

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Dear Clayton Community:

Attention Seniors 55 and over, do you like shuffleboard, bocce, checkers, bingo and playing cards? Well the Olivia on Marsh Creek in Clayton surely isn’t for you, because it has none of these amenities, and is not a 55+ senior housing project.

Let me explain before you go off on me.

Many of us have been mislead by the developer, his consultants, and the city staff from the beginning. This development is not a senior housing project! It’s plain and simple, Resolution #07-2020 only calls for the Olivia development to have seven, (Again Only Seven), affordable, age restricted (55+), housing units, the remaining 74 units have no age or income restriction.

I ask those who continue to spread false information to please reconsider and acknowledge the truth - we were all misled by the developer, consultants, city staff and elected officials, including Mayor Julie Pierce and Council-members Tuija Catalano, and Carl Wolfe.

In order to be a 55+ senior housing project the developer would have had to meet several federal and state guidelines as follows:

1. The Unruh Civil Rights Act contains provisions regulating the establishment of specialized housing designed to meet the physical and/or social needs of senior citizens.

2. The Rumford Act (California Fair Housing and Employment Act) has additional requirements that the developer would have needed to comply with in order for the development to be considered senior housing.

3. The Fair Housing Act specifically exempts three types of housing for older persons from liability for familial status discrimination.

4. Such exempt housing facilities or communities can lawfully refuse to sell or rent dwellings to families with minor children only if they qualify for the exemption.

In order to qualify for the "housing for older persons" exemption, a facility or community must comply with all (ALL) the requirements of the exemption.

The Housing for Older Persons exemptions apply to the following housing:

1. Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);

2. Intended for, and solely occupied by persons 62 years of age or older; or

3. Intended and operated for occupancy by persons 55 years of age or older.

How Does a Facility Qualify for the “55 or Older” Exemption? In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements:

* At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and

* The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and

* The facility or community must comply with HUD's regulatory requirements for age verification of residents.

(The above is just a cursory outline of what the developer must have demonstrated in order for the project to be considered a 55+ senior housing project.)

As we have discovered, the developer never attempted to comply with any of these requirements and elected to pursue density bonus law and request concessions from the City of Clayton in order to build 81 units, with only 7 of the units being affordable housing units. As a reminder, just in case you forgot, the remaining 74 units have no age or income restriction.

If you’ve made it this far in my post, I think it’s fair to say that this is a complicated matter. I would encourage everyone to research the Unruh Civil Rights Act and the Rumford Act (California Fair Housing and Employment Act) to gain more in-depth knowledge on this subject.

There's no shame in admitting we were tricked - but let's not continue the false narrative. Olivia on Marsh Creek is not what we were promised. It is not a 55+ Senior Housing Project.

Important update: The City Council has formed an ad hoc committee to discuss implementing a parking permit program in affected neighborhoods and historic downtown. Stay informed about upcoming committee meetings by contacting Claytonwatch94517@gmail.com - one of our volunteers will gladly answer any questions and welcome your participation.

Best regards,

Gary Hood

We appreciate you for reading this article.

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