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<regulation prefix="Regulation" num=".08" citation="COMAR 14.03.04.08" title_num="14" subtitle_num="03" chapter_num="04" heading="Housing for Older Persons.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Exemption.</text>
    <paragraph num="(1)">
      <text>The provisions regarding familial status in these regulations do not apply to housing which satisfies the requirements of §§C—E of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>62 or Over Housing.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>This housing satisfies the requirements of this regulation even though there are:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unoccupied units, provided that the units are reserved for occupancy by individuals 62 years old or older; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The manner in which the housing facility is described to prospective residents;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The nature of any advertising designed to attract prospective residents;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Age verification procedures;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Lease provisions;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Written rules and regulations;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules and regulations; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Whether the housing satisfies the requirements of the following:</text>
      <paragraph num="(a)">
        <text>At least 80 percent of the units are occupied by at least one individual 55 years old or older,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>