910 Ind. Admin. Code 2-4-8

Current through October 23, 2024

Section 910 IAC 2-4-8 - Intent to operate as housing designed for persons who are at least 55 years of age

Authority: IC 22-9.5-3-4; IC 22-9.5-4-2; P.L. 89-2003

Affected: IC 22-9.5-1-2

Sec. 8.

(a) In order for a housing facility or community to qualify as housing designed for persons who are at least fifty-five (55) years of age, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons who are at least fifty-five (55) years of age. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:

(1) The manner in which the housing facility or community is described to prospective residents.

(2) Any advertising designed to attract prospective residents.

(3) Lease provisions.

(4) Written rules, regulations, covenants, deed, or other restrictions.

(5) The maintenance and consistent application of relevant procedures.

(6) Actual practices of the housing facility or community.

(7) Public posting in common areas of statements describing the facility or community as housing for persons who are at least fifty-five (55) years of age.

(b) Phrases such as "adult living", "adult community", or similar statements in any written advertisement or prospectus are not consistent with an intent to operate as housing for persons at least fifty-five (55) years of age.

(c) If there is language in deeds or other community or facility documents which is inconsistent with the intent to provide housing for persons who are fifty-five (55) years of age or older, the ICRC shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section in conjunction with other evidence of intent.

(d) A housing facility or community may allow occupancy by families with children as long as it meets the requirements of section 7 of this rule and subsection (a).

910 IAC 2-4-8

Civil Rights Commission; 910 IAC 2-4-8; filed May 26, 2004, 3:25 p.m.: 27 IR 3076; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA