24 Cfr Part 100 - Implementation Of The Housing For Older Persons Act Of 1995; Final Rule - U.s. Department Of Housing And Urban Development Page 10
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Federal Register / Vol. 64, No. 63 / Friday, April 2, 1999 / Rules and Regulations
3. Intent to operate as housing for persons
units consistent with HUD’s regulations
compliance with the 55-or-older
governing 55-or-older housing at 24 CFR part
who are 55 years of age or older.
requirements.
100, subpart E;
Section 100.306 provides that in order for
Example 2: Sample certification
(2) Has distributed copies of the rules to all
a housing facility or community to qualify as
occupants; and
I, (name), am 18 years of age or older and
housing for persons 55 years of age or older,
(3) Has notified local realtors of the
a member of the household that resides at
it must publish and adhere to policies and
restrictions.
(housing facility or community), (unit
procedures that demonstrate its intent to
The following is an example of a housing
number or designation). I hereby certify that
operate as housing for persons 55 years of age
facility which has failed to satisfy the intent
I have personal knowledge of the ages of the
or older. Section 100.306 also details the
requirement described in § 100.306:
occupants of this household and that at least
factors HUD will utilize to determine
one occupant is 55 years of age or older.
whether a housing facility or community has
Example 4:
Paragraph (e) of § 100.307 requires that the
met this intent requirement. The following
A homeowners association has failed to
housing facility or community establish
are examples of housing facilities and
meet the intent requirement if it has
appropriate policies to require that all
communities which satisfy the intent
Covenants, Conditions and Restrictions
requirement described in § 100.306:
occupants comply with the age verification
which refer to an ‘‘adult community,’’ has
procedures. The following examples
posted a sign stating ‘‘A 40 and over
Example 1:
illustrate acceptable policies:
community’’ and has restricted visiting
A mobile home park which takes the
children to a maximum of two weeks, but
Example 1:
following actions satisfies the intent
contains no similar restriction for visiting
requirement:
A condominium association establishes a
adults.
(1) Posts a sign indicating that the park is
rule that the board of directors must approve
4. Verification of occupancy.
55-or-older housing;
all new occupants. One criteria for approval
(2) Includes lease provisions stating that
Section 100.307 provides that in order for
is that new occupants of each unit inform the
the park intends to operate as 55-or-older
a housing facility or community to qualify as
condominium association whether at least
housing; and
55-or-older housing, it must be able to
one person occupying the unit is 55 years of
(3) Has provided local realtors with copies
produce, in response to a complaint alleging
age or older.
of the lease provisions.
a violation of the Act, verification of
Example 2:
compliance with § 100.305 through reliable
Example 2:
surveys and affidavits. Paragraph (d)(7) of
A homeowners association amends its
An area zoned by a unit of local
§ 100.307 includes self-certifications in a list
Covenants, Conditions and Restrictions, and
government as ‘‘senior housing’’ satisfies the
of documents considered reliable
records them at the appropriate government
intent requirement if:
documentation of the age of occupants. The
recording office. The amendments require
(1) Zoning maps containing the ‘‘senior
self-certification may be included in a lease
applicants to state whether at least one
housing’’ designation are available to the
or other document, and must be signed by an
occupant is 55 years of age or older.
public;
adult member of the household asserting that
Example 3:
(2) Literature distributed by the area
at least one person in the unit is 55 years of
describes it as ‘‘senior housing’’;
age or older. The following examples provide
The owner of a mobile home park where
(3) The ‘‘senior housing’’ designation is
acceptable provisions to demonstrate a self-
the residents own the coach but rent the land
recorded in accordance with local property
certification process:
requires a statement of whether at least one
recording statutes; and
occupant is 55 years of age or older before
Example 1:
(4) Zoning requirements include the 55-or-
any sublease or new rental.
All new leases, new purchase agreements,
older requirement or a similar provision.
5. Future revisions to this appendix.
or new applications contain a provision
Example 3:
directly above the signatory line for lessees,
HUD may update or revise this appendix
A condominium association satisfies the
asserting that at least one occupant of the
as necessary.
intent requirement if it has:
dwelling will be 55 years of age or older. In
[FR Doc. 99–8167 Filed 4–1–99; 8:45 am]
(1) Adopted, through its rules and
addition, the community surveys all current
regulations, restrictions on the occupancy of
residents for their occupancy status in
BILLING CODE 4210–28–P
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