(A) As used in this chapter, HOUSING FOR OLDER PERSONS means housing that the Commission shall determine, in accordance with HUD determinations that is:
(1) Specifically designed and operated to assist elderly persons under federal or state programs;
(2) Intended for, and solely occupied by persons 62 years of age or older; or
(3) Intended and operated for occupancy by at least 1 person 55 years of age or older per unit.
(B) Housing that includes units that are unoccupied or that are occupied by persons who do not meet the age requirement of division (A)(2) or (3) above does not fail to meet the requirements for housing older persons if:
(1) The unoccupied units are reserved for persons who meet the age requirements of division (A)(2) or (3); or
(2) The occupants who do not meet the age requirements of division (A)(2) or (3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of division (A)(2) or (3).
(C) The Commission shall adopt rules to establish criteria for making determinations under division (A). These rules must include at least the following provisions:
(1) Except as provided in division (B) above, the housing must provide significant facilities and services specifically designed to meet the physical or social needs of older persons.
(2) If the provision of the facilities and services described in division (C)(1) is not practicable, the housing must be necessary to provide important housing opportunities for older persons.
(3) At least 80% of the units must be occupied by at least 1 person who is at least 55 years of age.
(4) The owner or manager of the housing must publish and adhere to provide housing for persons who are at least 55 years of age.
(D) The provisions of § 93.002 relating to familial status do not apply to housing for older persons.
(1979 Code, § 93.013) (Ord. 4106, passed 4-19-1993; Am. Ord. 4210, passed 8-7-1995)