"Housing for older persons" defined; scope of term; criteria for
determinations; inapplicable provisions
Sec. 4. (a) As used in this section, "housing for older persons"
means housing that the commission determines is:
(1) specifically designed and operated to assist elderly persons
under a federal or state program;
(2) intended for and solely occupied by persons at least
sixty-two (62) years of age; or
(3) intended and operated for occupancy by persons at least
fifty-five (55) years of age if the provisions of subsection (c) are
met.
(b) Housing does not fail to meet the requirements for housing for
older persons if:
(1) the unoccupied units are reserved for persons who meet the
age requirements of subsection (a)(2) or (a)(3); or
(2) the occupants who do not meet the age requirements of
subsection (a)(2) or (a)(3) have resided in the housing since
September 13, 1988, or an earlier date, and the persons who
became occupants after September 13, 1988, meet the age
requirements of subsection (a)(2) or (a)(3).
(c) To be considered housing for older persons under subsection
(a)(3), a housing facility or community must meet the following
provisions:
(1) At least eighty percent (80%) of the occupied units are
occupied by at least one (1) person who is at least fifty-five (55)
years of age.
(2) The housing facility or community publishes and adheres to
policies and procedures that demonstrate an intent to operate
housing for persons who are at least fifty-five (55) years of age.
(3) The housing facility or community complies with rules
adopted by the civil rights commission under IC 4-22-2 for
verification of occupancy that:
(A) provide for verification by reliable surveys and
affidavits; and
(B) include examples of the types of policies and procedures
relevant to determine compliance with subdivision (2).
(d) The surveys and affidavits used to verify occupancy under
subsection (c)(3)(A) are admissible in an administrative or a judicial
proceeding to verify occupancy.
(e) The provisions of IC 22-9.5-1-2 relating to familial status do
not apply to housing for older persons.
As added by P.L.66-1990, SEC.2. Amended by P.L.111-1992, SEC.6;
P.L.89-2003, SEC.1.
Last modified: May 27, 2006