§ 57.41. Housing for Elderly Exempted.

(1)

The provisions of this Article relating to "familial status" do not apply to housing intended for, and occupied solely by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:

(a)

There were persons residing in such housing on September 13, 1988 who were under 62 years of age, provided that all those who become occupants after September 13, 1988, are persons 62 years of age or older;

(b)

There are unoccupied units, provided that all such units are reserved for occupancy by persons 62 years of age or older;

(c)

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.

(2)

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, provided that the housing satisfies the requirements specified in subparagraphs (a) or (b) and (c) below:

(a)

The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. "Significant facilities and services specifically designed to meet the physical or social needs of older persons" include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care of programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them (the housing facility need not have all of these features to qualify for the exemption under this subparagraph); or

(b)

It is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and the housing facility is necessary to provide important housing opportunities for older persons. In order to satisfy this paragraph of this section, the owner or manager of the housing facility must demonstrate through credible and objective evidence that the provision of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic area of needed and desired housing. The following factors, among others, are relevant in meeting the requirements of this paragraph of this section:

(i)

Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that such services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is not practicable.

(ii)

The amount of rent charged, if the dwellings are rented, or the price of the dwellings, if they are offered for sale.

(iii)

The income range of the residents of the housing facility.

(iv)

The demand for housing for older persons in the relevant geographic area.

(v)

The range of housing choices for older persons within the relevant geographic area.

(vi)

The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this paragraph of this section.

(vii)

The vacancy rate of the housing facility.

(c)

At least 80% of the units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after March 12, 1989 need not comply with this paragraph of this section until 25% of the units in the facility are occupied, and 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 of age or older.

The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this paragraph of this section:

(i)

The manner in which the housing facility is described to prospective residents.

(ii)

The nature of any advertising designed to attract prospective residents.

(iii)

Age verification procedures.

(iv)

Lease provisions.

(v)

Written rules and regulations.

(vi)

Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

(d)

Housing satisfies the requirements of this section even though:

(i)

On September 13, 1988, under 80% of the occupied units in the housing facility were occupied by at least one person 55 years of age or older per unit, provided that at least 80% of the units that are occupied by new occupants after September 13, 1988 are occupied by at least one person 55 years of age or older.

(ii)

There are unoccupied units, provided that at least 80% of such units are reserved for occupancy by at least one person 55 years of age or over.

(iii)

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

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)