Sec. 408.203. - Numbers of occupants; housing for older persons.

(a) Nothing in this Chapter limits the applicability of any reasonable local, State, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this Chapter regarding familial status apply with respect to housing for older persons. (b) As used in this Section, "housing for older persons" means housing: (1) Provided under any local, State or federal program that the Executive Director determines is specifically designed and operated to assist elderly persons (as defined in the local, State or federal program); or (2) Intended for, and solely occupied by, persons 62 years of age or older; or (3) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualified as housing for older persons under this subsection, the Executive Director shall develop regulations which require at least the following factors: (i) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and (ii) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (iii) The publication of; and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (iv) The housing facility or community complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy, which shall: (a) Provide for verification by reliable surveys and affidavits; and (b) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of clause (iii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (c) Housing shall not fail to meet the requirements for housing for older persons by reason of: (1) Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections (b)(2) or (3) of this Section. Provided, that new occupants of such housing meet the age requirements of subsections (b)(2) or (3) of this Section; or (2) Unoccupied units: Provided, that such units are reserved for occupancy by persons who meet the age requirements of subsections (b)(2) or (3) of this Section. (Ord. 96-1089-659, § 1; Ord. No. 2004-699-E, § 19)