Section 210. Housing for older persons

Nothing in the Virginia Fair Housing Law regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, "housing for older persons" includes:

1. Housing provided under any state or federal program determined by the Secretary of Housing and Urban Development to be specifically designed and operated to assist elderly persons;

2. 62 or over housing. The provisions regarding familial status in these regulations shall not apply to housing intended for, and solely occupied by persons 62 years of age or older. Housing satisfies the requirements of this exemption even though:

a. There are persons residing in such housing on September 13, 1988, who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;

b. There are unoccupied units, provided that 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.

3. 55-or-over housing. 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 following requirements:

a. At least 80% of the occupied 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 section until 25% of the units in the facility are occupied.

(1) For purposes of this section, "occupied unit" means:

(a) A dwelling unit that is actually occupied by one or more persons on the date that the exemption for 55-or-older housing is claimed; or

(b) A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.

(2) For purposes of this section, occupied by at least one person 55 years of age or older means that on the date the exemption for 55-or-older housing is claimed:

(a) At least one occupant of the dwelling is 55 years of age or older; or

(b) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date of which the unit was vacated was 55 years of age or older.

(3) Newly constructed housing for first occupancy after March 12, 1989, need not comply with the requirements of this section until at least 25% of the units are occupied. For purposes of this section, newly constructed housing includes facilities or communities that have been wholly unoccupied for at least 90 days prior to reoccupancy due to renovation or rehabilitation.

b. Housing satisfies the requirements of the 55 or older exemption even though:

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

(2) There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents and who are under the age of 55.

(3) Reserves all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80% of the units are occupied by at least one person who is 55 years of age or older.

c. Where application of the 80% rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years of age or older.

d. Each housing facility or community may determine the age restriction for units that are not occupied by at least one person 55 years of age or older so long as the housing facility or community complies with the provisions of 18VAC135-50-220.

Historical Notes

Derived from VR585-01-05 § 2.15, eff. December 1, 1991; amended, Volume 19, Issue 24, eff. September 10, 2003.

Statutory Authority

§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.