Section 348-8-07 - HOUSING FOR OLDER PERSONSA.Exemption(1) The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of § 8.07(B) (C) or (D).(2) Nothing in this part limits the applicability of any reasonable, local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.B.State and Federal elderly housing programsThe provisions regarding familial status in this part shall not apply to housing provided under any Federal or State program that the United States Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program.
C.62 or over housingThe provision regarding familial status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:
(1) There are persons in such housing on June 6, 1989 who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;(2) There are unoccupied units, provided that such units are reserved for occupancy by 62 years of age or over;(3) There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.D.55 or over housing(1) The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older, per unit, pursuant to this section.(2) In order to qualify as housing for older persons under this section, the housing facility must show: (a) That at least 80% of the dwellings are occupied by at least one person 55 years of age or older per unit, and(b) That the housing facility publishes, and adheres to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.(3) Housing satisfies the requirements of this section even though: (a) On September 13, 1988, under 80 percent of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80 percent of the units that are occupied after September 13, 1988, are occupied by at least one person 55 years of age or older.(b) There are unoccupied units, provided that at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.(c) There are units occupied by employees of the housing provider (and family members residing in the same unit) who are under 55 years of age, provided the employees perform substantial duties directly related to the management or maintenance of the housing.94-348 C.M.R. ch. 8, § 07