(A) To the extent that specific physical features and services are required for a project, property and/or units in the RM-S zone to meet federal and/or state requirements, the project operator shall construct, maintain, repair and provide such physical features and services, as applicable.
(B) All advertising and publications shall disclose the status of any project within the RM-S zone as senior housing.
(C) The project operator shall submit a report annually to the Town which contains a certification or recertification of the occupant eligibility for each unit, copies of the advertising published regarding the project, the current form of lease/rental agreement with its attachments, and such other documents as may be reasonably requested by the Town.
(D) Unless otherwise prohibited by state or federal law, the project operator shall prohibit any person who has not been determined to be an eligible occupant based on the annual report from continuing to rent or occupy a unit and shall cause any such person to vacate any unit so rented or occupied. Unless otherwise prohibited by state or federal law, when a unit is completely vacated, for any reason whatsoever, the unit shall then again be rented or otherwise made available only to eligible occupants.
(E) All leases and/or rental agreements shall provide for the enforcement of this chapter, state and federal senior citizen housing development requirements and the project's written rules regarding these restrictions.
(F) Projects within the RM-S zone must be restricted to eligible occupants and qualify as "housing for older person" under the Federal Fair Housing Act, and "senior citizen housing" under the Unruh Civil Rights Act, and be subject to federal and state housing laws forbidding discrimination based on familial status.
(G) All projects operating within the RM-S zone shall permit temporary residency, as a guest of an eligible occupant, by a person less than 55 years of age for a period of not less than 60 days in a year, unless otherwise permitted or required under applicable law.
(H) All projects operating within the RM-S zone must conform to the applicable requirements of the Federal Fair Housing Act (42 U.S.C. §§ 3601-3631), the California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12900-12995), and the California Unruh Civil Rights Act (Cal. Civil Code §§ 51-53). In the event of any conflict between the provisions of said laws and this Ordinance, said laws shall prevail.
(Ord. 808, passed 6-7-2017)