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 9
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Federal Register / Vol. 64, No. 63 / Friday, April 2, 1999 / Rules and Regulations
(4) For purposes of this section, a
community must follow in calculating
age or older until at least 80 percent of the
occupancy. The following examples illustrate
units are occupied by at least one person who
person means a natural person.
these requirements:
is 55 years of age or older; and
(5) A person shall not be entitled to
(2) Meets the requirements of §§ 100.304,
the good faith defense if the person has
Example 1:
100.305, 100.306, and 100.307 and
actual knowledge that the housing
Buena Vista is a condominium association
(3) Within the one year period achieves
facility or community does not, or will
of 120 units. On September 13, 1988, twenty
occupancy of at least 80% of its occupied
not, qualify as housing for persons 55
(20) of the occupied units are not occupied
units by at least one person who is 55 years
years of age or older. Such a person will
by at least one person 55 years of age or
of age or older.
older.
be ineligible for the good faith defense
There is no requirement that Topaz House
On April 1, 1998, Buena Vista declares
regardless of whether the person
take any action concerning the residents
itself to be housing for persons 55 years of
received the written assurance
under 55 years of age who are occupying
age or older. On that date:
described in paragraph (b) of this
units on the date the building declares its
(1) The twenty (20) persons described
section.
above are still residing at Buena Vista;
intent to be 55-or-older housing. Topaz may
(2) Ten (10) units of the total 120 units are
not evict, or terminate the leases of
Dated: March 25, 1999.
unoccupied;
households containing children under the
Eva M. Plaza,
(3) One (1) of the units is occupied by the
age of 18, in order to qualify for the
Assistant Secretary for Fair Housing and
association’s maintenance supervisor; and
exemption.
Equal Opportunity.
(4) Two (2) units are occupied only by live-
Example 3:
in health aides who provide reasonable
Note: This Appendix will not be Codified
accommodations to residents with
Snowbird City is a mobile home
in Title 24 of the CFR.
disabilities and who are under the age of 55.
community in Texas with 100 units.
Appendix
How many of the occupied units must be
Snowbird City complies with all other
occupied by at least one person 55 years of
Examples of Applications of HUD’S
requirements of 55-or-older housing, but is
age or older in order for Buena Vista to
Regulations Governing the Exemption for
uncertain of its compliance with the 80
qualify as 55-or-older housing?
Housing for Persons 55 Years of Age or Older
percent occupancy rule.
Under § 100.305(e), Buena Vista would
to the Fair Housing Act
Fifty out of the 100 units are occupied year
calculate its compliance with the 80 percent
round. Of these fifty units, 12 units are not
Sections
occupancy requirement by subtracting the
occupied by at least one person 55 years of
1. Purpose.
following units from the total 120 units:
2. 80 percent occupancy.
age or older. Of the remaining 50 units, 5 are
(1) The 20 units not occupied by at least
3. Intent to operate as housing for persons
unoccupied and offered for sale, and the
one person 55 years of age or older on
who are 55 years of age or older.
remaining 45 are occupied by at least one
September 13, 1988 (See § 100.305(e)(1));
4. Verification of occupancy.
person 55 years of age or older each winter
(2) The ten (10) unoccupied units (See
5. Future revisions to this appendix.
§ 100.305(e)(2));
on a routine and reoccurring basis.
(3) The one (1) unit occupied by the
If a complaint of familial status
1. Purpose.
maintenance person (See § 100.305(e)(3));
discrimination is filed in December, the
The Fair Housing Act (Title VIII of the
and
community meets the 80 percent occupancy
Civil Rights Act of 1968, as amended, 42
(4) The two (2) units occupied by the
requirement because 83 out of the 95
U.S.C. 3601–3619) (the Act) exempts
health aides (See 42 U.S.C. 3607 (b)(3)(A) and
occupied units (87 percent), are occupied by
‘‘housing for older persons’’ from the
42 § 100.305(e)(4)).
at least one person 55 years of age or older.
prohibitions against discrimination because
Subtracting these 33 units from the total of
If the complaint is filed in July, Snowbird
of familial status. Section 807(b)(2)(C) of the
120 units leaves 87 units. At least 80 percent
City still meets the requirement. Under
Act exempts housing intended and operated
of these 87 units must be occupied by at least
for occupancy by persons 55 years of age or
§ 100.305(b), a temporarily vacant unit is
one person 55 years of age or older. Eighty
older that satisfies certain criteria. HUD has
considered occupied by a person 55 years of
percent of 87 equals 69.6. Due to
implemented the ‘‘housing for older persons’’
age or older if:
§ 100.305(d), 70 units must be occupied by at
exemption at 24 CFR part 100, subpart E.
(1) The primary occupant has resided in
least one person 55 years of age or older. This
Specifically, §§ 100.304, 100.305, 100.306,
the unit during the past year; and
example assumes that the community also
and 100.307 set forth the requirements for
(2) The occupant intends to return on a
meets the requirements of §§ 100.306 and
housing seeking to qualify for the exemption.
periodic basis.
100.307.
The purpose of this appendix is to provide
guidance to housing facilities or communities
Example 4:
Example 2:
in applying these HUD requirements.
The King Philip Senior Community is a
Topaz House is a cooperative of 100 units.
2. 80 Percent Occupancy.
On January 20, 1998, Topaz House
newly renovated building originally built in
announces its intent to be 55-or-older
1952. It has been vacant for over one year
Section 100.305 provides that in order for
housing and publishes policies and
while extensive renovations were completed.
a housing facility or community to qualify for
procedures sufficient to satisfy § 100.306. On
the exemption, at least 80 percent of its
The building contains 200 units. The King
that date, of the 100 total units:
occupied units must be occupied by at least
Philip Senior Community is intended to be
(1) Sixty (60) of the occupied units are
one person 55 years of age or older. This
operated as a 55-or-older community.
occupied by at least one person 55 years of
occupancy requirement must be met at the
Under § 100.305(d), newly constructed
age or older;
time of any alleged violation of the Act.
housing need not comply with the 80 percent
(2) Thirty (30) of the occupied units do not
Paragraph (f) of § 100.305 states that where
occupancy requirement until 25 percent of
have occupants 55 years of age or older; and
application of the 80 percent rule results in
the total units are occupied. For purposes of
(3) Ten (10) units are unoccupied.
a fraction of a unit, that unit shall be
§ 100.305(d), newly constructed housing
Since 60 out of the 90 occupied units are
considered to be included in the units that
includes housing that has been unoccupied
occupied by at least one person 55 years of
must be occupied by at least one person 55
for at least 90 days due to renovation or
age or older, the Topaz House only has 67
years of age or older.
rehabilitation. Accordingly, the King Philip
percent of its occupied units occupied by at
Example: A community or facility contains
Senior Community need not comply with the
63 occupied units. Eighty percent of 63 units
least one person 55 years of age or older.
80 percent occupancy requirement until 50
equals 50.4. Under § 100.305(d), 51 units
Under § 100.305(e)(5), Topaz House may
out of its 200 units (25 percent) are occupied.
would require occupancy by at least one
still qualify for the 55-or-older exemption if,
Subsequent to occupancy of the 50th unit,
person 55 years of age or older to qualify as
during a period which is one year from the
however, the building will have to satisfy the
55 and older housing.
effective date of this regulation, it:
Section 100.305 also sets forth the other
(1) Reserves all unoccupied units for
80 percent occupancy rule in order to qualify
requirements a housing facility or
occupancy by at least one person 55 years of
as 55-or-older housing.
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