Section 910 IAC 2-4-4 - Housing programs; 62 or overAuthority: IC 22-9.5-4-2
Affected: IC 22-9.5
Sec. 4.
(a) The provisions regarding familial status in this rule shall not apply to housing intended for, and solely occupied by, persons sixty-two (62) years of age or older provided that the housing satisfies the requirements of this section even though:(1) there were persons residing in such housing on September 13, 1988, who were under sixty-two (62) years of age, provided that all new occupants are persons sixty-two (62) years of age or older;(2) there are unoccupied units, provided that such units are reserved for occupancy by persons sixty-two (62) years of age or over; or(3) there are units occupied by employees of the housing facility (and family members residing in the same unit) who are under sixty-two (62) years of age provided they perform substantial duties directly related to the management or maintenance of the housing facility.(b) The following examples illustrate the application of subsection (a):(1) John and Mary apply for housing at the Vista Heights apartment complex which is an elderly housing complex operated for persons sixty-two (62) years of age or older. John is sixty-two (62) years of age. Mary is fifty-nine (59) years of age. If Vista Heights wishes to retain its "62 or over" exemption, it must refuse to rent to John and Mary because Mary is under sixty-two (62) years of age. However, if Vista Heights rents to John and Mary, it might qualify for the "55 or over" exemption in section 5 of this rule.(2) The Blueberry Hill retirement community has one hundred (100) dwelling units. On September 13, 1988, fifteen (15) units were vacant and thirty-five (35) units were occupied with at least one (1) person who is under sixty-two (62) years of age. The remaining fifty (50) units were occupied by persons who were all sixty-two (62) years of age or older. Blueberry Hill can qualify for the "62 or over" exemption as long as all units that were occupied after September 13, 1988, are occupied by persons who are sixty-two (62) years of age or older. The people under sixty-two (62) in the thirty-five (35) units previously described need not be required to leave for Blueberry Hill to qualify for the "62 or over" exemption.Civil Rights Commission; 910 IAC 2-4-4; filed Aug 20, 1993, 5:00 p.m.: 17 IR 21; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA