Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 18. Professional And Occupational Licensing
Agency 135. Real Estate Board
Chapter 50. Fair Housing Regulations

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 Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.