(A) As used in this subchapter,
HOUSING FOR OLDER PERSONS means housing that the Commission determines is:
(1) Specifically designed and operated to assist elderly persons under federal or state program:
(2) Intended for and solely occupied by persons at least 62 years of age; or
(3) Intended and operated for occupancy by at least one person at least 55 years of age in each 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 (A)(3) of this section 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 (A)(3) of this section; or
(2) The occupants who do not meet the age requirement of division (A)(2) or (A)(3) of this section 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 (A)(3) of this section.
(C) The Commission shall adopt rules under IC 4-22-2 to establish criteria for matching determinations under division (A) of this section. These rules must include at least the following provisions:
(1) Except as provided in division (C)(2) of this section, 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) of this section 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 one 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 § 93.065(B), relating to familial status, do not apply to housing for older persons.
(Ord. G-33-92, passed 7-15-92)