36-96.7 - Familial status protection not applicable to housing for older persons. - Virginia Statutes

§ 36-96.7. Familial status protection not applicable to housing for olderpersons.

A. Nothing in this chapter regarding unlawful discrimination because offamilial status shall apply to housing for older persons. As used in thissection, "housing for older persons" means housing: (i) provided under anystate or federal program that is specifically designed and operated to assistelderly persons, as defined in the state or federal program; or (ii) intendedfor, and solely occupied by, persons sixty-two years of age or older; or(iii) intended for, and solely occupied by, at least one person fifty-fiveyears of age or older per unit. The following criteria shall be met indetermining whether housing qualifies as housing for older persons underclause (iii) of this subsection:

1. At least eighty percent of the occupied units are occupied by at least oneperson fifty-five years of age or older per unit; and

2. The publication of, and adherence to, policies and procedures whichdemonstrate an intent by the owner or manager to provide housing for personsfifty-five years of age or older.

B. Housing shall not fail to meet the requirements for housing for olderpersons by reason of:

1. Persons residing in such housing as of September 13, 1988, who do not meetthe age requirements of clauses (ii) and (iii) of subsection A, provided thatnew occupants of such housing meet the age requirements of those clauses; or

2. Unoccupied units, provided that such units are reserved for occupancy bypersons who meet the provisions of clauses (ii) and (iii) of subsection A.

(1991, c. 557; 1992, c. 322; 2000, c. 30.)