Rhode Island Code of Regulations
Title 515 - Commission for Human Rights
Chapter 10 - Operation
Subchapter 00 - N/A
Part 3 - Fair Housing
Section 515-RICR-10-00-3.3 - Exemptions Related to Familial Status
Universal Citation: 515 RI Code of Rules 10 00 3.3
Current through March 20, 2024
A. Criteria for Exemptions. A respondent may claim an exemption from the provisions of the Fair Housing Practices Act prohibiting discrimination on the basis of familial status by proving that:
1. the housing
accommodation is provided under any state or federal program which is designed
and operated to assist elderly persons and is designated as such by the
Secretary of the Department of Housing and Urban Development under section
807(2)(A)
of the federal Fair Housing Act of 1968,
42 U.S.C. §
3601 et seq ., as amended; or
2. the housing accommodation is of four (4)
units or less, the owner actually maintains and occupies one (1) of such living
quarters as their residence and one (1) of those units is already occupied by a
person sixty-two (62) years of age or older or infirm person for whom the
presence of children would constitute a demonstrated hardship; or
3. the housing accommodation is intended for
and solely occupied by persons sixty-two (62) years of age or older;
or,
4. the housing accommodation is
intended and operated for occupancy by at least one (1) person fifty-five (55)
years of age or older per unit, provided that:
a. at least eighty percent (80%) of the units
are occupied by at least one (1) person fifty-five (55) years of age or older
per unit; and
b. the owner or
manager has published and adhered to policies and procedures which demonstrate
an intent to provide housing for persons fifty-five (55) years of age or older;
and,
c. the housing accommodation
has significant facilities and services designed to meet the physical and
social needs of older persons. If the provision of significant services and
facilities is not practicable, it must be demonstrated that such housing
provides important opportunities for older persons.
B. Verification. In order for a housing facility to qualify as housing under §§ 3.3(A) (3) or (4) of this Part, the housing provider must be able to produce, in response to a charge filed under the Fair Housing Practices Act, verification of compliance with state law. To prove compliance, a facility shall develop procedures for routinely determining whether the occupant of each unit is age compliant.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
