Section 2300.35  Housing for Older Persons

a)         Housing for older persons pursuant to Section 3-106(I)(1)(a) of the Act.  To ascertain whether housing for older persons provided under a federal program is "specifically designed and operated to assist elderly persons", the Department will obtain a determination from the U.S. Department of Housing and Urban Development as to whether the housing is in accordance with federal law, regulations and standards.

b)         Verification of occupancy pursuant to Section 3-106(I)(1)(c)(iii)(aa) of the Act.

1)         In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce, in response to a charge filed under Article 3 of the Act, verification of compliance through reliable surveys and/or affidavits.

2)         A facility or community shall, by January 27, 2009, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one occupant of each unit is 55 years of age or older.  These procedures may be part of a normal leasing or purchasing arrangement.

3)         The procedures described in subsection (b)(2) of this Section must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community.  The updates must take place at least once every two years.

4)         Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:

A)        Driver's license;

B)        Birth certificate;

C)        Passport;

D)        Immigration card;

E)        Military identification;

F)         Any other state, local, national or international official documents containing a birth date of comparable reliability; or

G)        A certification in a lease, application, affidavit or other document signed by any member of the household age 18 or older asserting that at least one person in the unit is 55 years of age or older.

5)         A facility or community shall consider any one of the forms of verification identified in subsection (b)(4) as adequate for verification of age, provided that it contains specific information about current age or date of birth.

6)         The housing facility or community must establish and maintain appropriate policies to require that occupants comply with the age verification procedures required by this Section.

7)         If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one person 55 years of age or older.  Acceptable evidence may include:

A)        Government records or documents, such as a local household census;

B)        Prior forms or applications; or

C)        A statement from an individual who has personal knowledge of the age of the occupants.  The individual's statement must set forth the basis for that knowledge and be signed under the penalty of perjury.

8)         A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.

c)         Examples of the types of policies and procedures relevant to a determination of compliance pursuant to Section 3-106(I)(1)(c)(iii)(bb) of the Act.

1)         In order for a housing facility or community to qualify as housing designed for persons who are 55 years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older.  The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:

A)        The manner in which the housing facility or community is described to prospective residents;

B)        Any advertising designed to attract prospective residents;

C)        Lease provisions;

D)        Written rules, regulations, covenants, deed or other restrictions;

E)        The maintenance and consistent application of relevant procedures;

F)         Actual practices of the housing facility or community; and

G)        Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.

2)         Phrases such as "adult living", "adult community" or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons 55 years of age or older.

3)         If there is language in a deed or other housing facility or community documents that is inconsistent with the intent to provide housing for persons who are 55 years of age or older, the Department shall consider documented evidence of a good faith attempt to remove that language in determining whether the housing facility or community complies with the requirements of this Section, in conjunction with other evidence of intent.

4)         A housing facility or community may allow occupancy by families with children as long as the requirements of Section 3-106(I)(1)(c)(i) of the Act and subsection (c)(1) of this Section are met.

(Source:  Amended at 32 Ill. Reg. 13497, effective August 1, 2008)