10 Ariz. Admin. Code § R10-2-102

A. A housing facility shall be recognized as meeting the definition of “housing for older persons”, and thus achieving exemption status, if it meets the standards set forth in A.R.S. § 411491.04 and this Section.
B. “Significant facilities and services specifically designed to
meet the physical or social needs of older persons”, as used in
A.R.S. § 41-1491.04(C), include, among others, social and
recreational programs, continuing education, information and
counseling, recreational, homemaker, outside maintenance and
referral services, an accessible physical environment, emergency and preventive health care programs, congregate dining
facilities, transportation to facilitate access to social services,
and services designed to encourage and assist residents to use
the services and facilities available to them. The housing facility does not need to have all of these features to qualify for the
exemption under this subsection; or
C. The housing facility can still meet the requirements of A.R.S.
§ 41-1491.04, even if it is not practicable to provide significant
services and facilities designed to meet the physical or social
needs of older persons, as long as the owner or manager of the
housing facility demonstrates through credible and objective
evidence that the provision of significant facilities and services
designed to meet the physical or social needs of older persons
would result in depriving older persons in the relevant geographic area of needed and desired housing. The following
factors, among others, are relevant in meeting the requirements:
1. Whether the owner or manager of the housing facility has
endeavored to provide significant facilities and services

D.

E.

designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that the services and facilities are expensive to
provide is not alone sufficient to demonstrate that the provision of such services is impractical;
2. The amount of rent charged, if the dwelling is rented, or
the price of the dwelling, if it is offered for sale;
3. The income range of the residents of the housing facility;
4. The demand for housing for older persons in the relevant
geographic area;
5. The range of housing choices for older persons within the
relevant geographic area;
6. The availability of other similarly priced housing for
older persons in the relevant geographic area. If similarly
priced housing for older persons with significant facilities
and services is reasonably available in the relevant geographic area, then the housing facility does not meet the
requirements of this paragraph; and
7. The vacancy rate of the housing facility.
The following factors are relevant in determining whether the
owner or manager of a housing facility has complied with the
requirements of A.R.S. § 41-1491.04(C)(3):
1. The manner in which the housing facility is described to
prospective residents;
2. The nature of any advertising designed to attract prospective residents;
3. Age verification procedures;
4. Lease provisions;
5. Written rules and regulations; and
6. Actual practices of the owner or manager in enforcing
relevant lease provisions and relevant rules or regulations.
A housing facility will not be denied or lose its recognition as
“housing for older persons” solely because:
1. There are unoccupied units, provided that at least 80% of
such unoccupied units are reserved for occupancy by at
least one person 55 years of age or over; or
2. There are units occupied by employees of the housing
facility (and family members residing in the same unit)
who are under 55 years of age, provided they perform
substantial duties directly related to the management or
maintenance of the housing.