Current through Register Vol. 51, No. 19, September 20, 2024
A.
Purpose. The purpose of this regulation is to effectuate the exemption in State
Government Article, §
20-704(c),
Annotated Code of Maryland, that relates to housing for older
persons.
B. Exemption.
(1) The provisions regarding familial status
in these regulations do not apply to housing which satisfies the requirements
of §§C-E of this regulation.
(2) Nothing in this regulation limits the
applicability of any reasonable local, State, or federal restrictions regarding
the maximum number of occupants permitted to occupy a dwelling.
C. State and Federal Elderly
Housing Programs. The provisions regarding familial status in these regulations
do not apply to housing provided under any federal or State program that the
Commission determines is specifically designed and operated to assist elderly
individuals, as defined in the State and federal program.
D. 62 or Over Housing.
(1) The provisions regarding familial status
in these regulations do not apply to housing intended for, and solely occupied
by, an individual 62 years old or older.
(2) This housing satisfies the requirements
of this regulation even though there are:
(a)
Individuals residing in the housing on September 13, 1988, who are under 62
years old, provided that all new occupants are individuals 62 years old or
older;
(b) Unoccupied units,
provided that the units are reserved for occupancy by individuals 62 years old
or older; or
(c) Units occupied by
employees of the housing (and family members residing in the same unit) who are
under 62 years old provided they perform substantial duties directly related to
the management or maintenance of the housing.
E. 55 or Over Housing. The provisions
regarding familial status do not apply to housing intended and operated for
occupancy by at least one individual 55 years old or older per unit, if the
housing satisfies the following requirements:
(1) At least 80 percent of the units in the
housing facility are occupied by at least one individual 55 years old or older
per unit, except a newly constructed housing facility for first occupancy after
July 1, 1991, need not comply with this subsection until 25 percent of the
units in the facility are occupied; and
(2) The owner or manager of a housing
facility publishes and adheres to policies and procedures which demonstrate an
intent by the owner or manager to provide housing for persons 55 years old or
older.
F. The following
factors, among others, are relevant in determining whether the owner or manager
of a housing facility has complied with the requirements of §E(2) of this
regulation:
(1) The manner in which the
housing facility is described to prospective residents;
(2) The nature of any advertising designed to
attract prospective residents;
(3)
Age verification procedures;
(4)
Lease provisions;
(5) Written rules
and regulations;
(6) Actual
practices of the owner or manager in enforcing relevant lease provisions and
relevant rules and regulations; and
(7) Whether the housing satisfies the
requirements of the following:
(a) At least
80 percent of the units are occupied by at least one individual 55 years old or
older,
(b) There are unoccupied
units, provided that at least 80 percent of these units are reserved for
occupancy by at least one individual 55 years old or older, or
(c) There are units occupied by employees of
the housing (and family members residing in the same unit) who are under 55
years old provided they perform substantial duties directly related to the
management or maintenance of the housing.
