9.20.042 Housing for older persons – Exemption.
A. No provision in this chapter regarding familial status applies with respect to housing for older persons.
B. As used in this section, “housing for older persons” means housing:
1. Provided under any state or federal program that the compliance officer determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or
2. Intended for, and solely occupied by, persons 62 years of age or older; or
3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the compliance officer shall consider the following factors:
a. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
b. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
c. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
C. Housing shall not fail to meet the requirements for housing for older persons by reason of:
1. Persons residing in such housing as of the date of enactment of the ordinance codified in this chapter who do not meet the age requirements of subsections (B)(2) or (B)(3) of this section; provided, that new occupants of such housing meet the age requirements of subsection B of this section; or
2. Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subsections (B)(2) or (B)(3) of this section.
D. Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 USC 802). (Ord. 4061 § 5, 1989.)