N.D. Admin. Code 46-05-01-03

Current through Supplement No. 392, April, 2024

Section 46-05-01-03 - Intent to operate as housing designed for persons who are fifty-five years of age or older

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

a. The manner in which the housing facility or community is described to prospective residents;

b. Any advertising designed to attract prospective residents;

c. Lease provisions;

d. Written rules, regulations, covenants, deeds, or other restrictions;

e. The maintenance and consistent application of relevant procedures;

f. Actual practices of the housing facility or community; and

g. Public posting in common areas of statements describing the facility or community as housing for persons fifty-five years of age or older.

2. Phrases such as "adult living", "adult community", or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons fifty-five years of age or older.

3. If there is language in a deed or other community or facility document which is inconsistent with the intent to provide housing for persons who are fifty-five years of age or older, the commissioner 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.

4. A housing facility or community may allow occupancy by families with children as long as it meets the requirements of section 46-05-01-02 and subsection 1 of section 46-05-01-03.

N.D. Admin Code 46-05-01-03

Effective January 1, 2010.

General Authority: NDCC 14-02.5-11

Law Implemented: NDCC 14-02.5-11; 24 CFR 100.306