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Virginia Administrative Code
Title 18. Professional and Occupational Licensing
Agency 135. Real Estate Board
Chapter 50. Fair Housing Regulations
8/13/2020

18VAC135-50-212. Intent to Operate As 55 or over Housing.

A. In order for a housing facility or community to qualify as 55-or-older housing, 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 are considered relevant in determining whether the housing facility or community has complied with this requirement:

1. The manner in which the housing facility or community is described to prospective residents;

2. Any advertising designed to attract prospective residents;

3. Lease provisions;

4. Written rules, regulations, covenants, deeds or other restrictions;

5. The maintenance and consistent application of relevant procedures;

6. Actual practices of the housing facility or community; and

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

B. Phrases such as "adult living," "adult community," "40-and-over 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.

C. If there is language in deeds or other community or facility documents that is inconsistent with the intent to provide housing for persons who are 55 years of age or older, the board shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section.

D. A housing facility or community may allow occupancy by families with children as long as it meets the requirements of 18VAC135-50-210 3 a and subsection A of this section.

Statutory Authority

§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.

Historical Notes

Derived from Volume 19, Issue 24, eff. September 10, 2003.

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