Md. Code Regs. 14.03.04.08

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.03.04.08 - Housing for Older Persons

A. Purpose. The purpose of this regulation is to effectuate the exemption in State Government Article, § 20-704(c), Annotated Code of Maryland, that relates to housing for older persons.

B. Exemption.

(1) The provisions regarding familial status in these regulations do not apply to housing which satisfies the requirements of §§C-E of this regulation.

(2) Nothing in this regulation limits the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

C. State and Federal Elderly Housing Programs. The provisions regarding familial status in these regulations do not apply to housing provided under any federal or State program that the Commission determines is specifically designed and operated to assist elderly individuals, as defined in the State and federal program.

D. 62 or Over Housing.

(1) The provisions regarding familial status in these regulations do not apply to housing intended for, and solely occupied by, an individual 62 years old or older.

(2) This housing satisfies the requirements of this regulation even though there are:

(a) Individuals residing in the housing on September 13, 1988, who are under 62 years old, provided that all new occupants are individuals 62 years old or older;

(b) Unoccupied units, provided that the units are reserved for occupancy by individuals 62 years old or older; or

(c) Units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years old provided they perform substantial duties directly related to the management or maintenance of the housing.

E. 55 or Over Housing. The provisions regarding familial status do not apply to housing intended and operated for occupancy by at least one individual 55 years old or older per unit, if the housing satisfies the following requirements:

(1) At least 80 percent of the units in the housing facility are occupied by at least one individual 55 years old or older per unit, except a newly constructed housing facility for first occupancy after July 1, 1991, need not comply with this subsection until 25 percent of the units in the facility are occupied; and

(2) The owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years old or older.

F. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of §E(2) of this regulation:

(1) The manner in which the housing facility is described to prospective residents;

(2) The nature of any advertising designed to attract prospective residents;

(3) Age verification procedures;

(4) Lease provisions;

(5) Written rules and regulations;

(6) Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules and regulations; and

(7) Whether the housing satisfies the requirements of the following:

(a) At least 80 percent of the units are occupied by at least one individual 55 years old or older,

(b) There are unoccupied units, provided that at least 80 percent of these units are reserved for occupancy by at least one individual 55 years old or older, or

(c) There are units occupied by employees of the housing (and family members residing in the same unit) who are under 55 years old provided they perform substantial duties directly related to the management or maintenance of the housing.

Md. Code Regs. 14.03.04.08