Cal. Civ. Code § 910-2-4-6
Housing for persons who are at least 55 years of age
Operative Text
Sec. 6. (a) The provisions regarding familial status shall not apply to housing intended and operated for persons fifty-five (55) years of age or older. Housing qualifies for this exemption if the alleged violation occurred: (1) before July 1, 2003, and the housing community or facility complied with the rules of the ICRC in effect at the time of the alleged violation; or (2) on or after July 1, 2003, and the housing community or facility complies with: (A) IC 22-9.5-3-4; and (B) this section and sections 7 through 10 of this rule. (b) For purposes of this rule, "housing facility or community" means any dwelling or group of dwelling units governed by a common set of rules, regulations, or restrictions. A portion or portions of a single building shall not constitute a housing facility or community. Examples of a housing facility or community include, but are not limited to, the following: (1) A condominium association. (2) A cooperative. (3) A property governed by a homeowners' or resident association. (4) A municipally zoned area. (5) A leased property under common private ownership. (6) A mobile home park. (7) A manufactured housing community. (c) For purposes of this rule, "older person" means a person who is at least fifty-five (55) years of age.
Section 910 IAC 2 § 910-2-4-6 establishes a recognized exemption from fair housing rules related to familial status for housing communities that are designed and operated for residents aged 55 and older. To qualify, the community must meet specific statutory and regulatory requirements tied to when the alleged violation occurred — either before or after July 1, 2003. The provision also defines key terms, clarifying that a 'housing facility or community' encompasses a broad range of dwelling arrangements governed by shared rules, while a single building's portion alone does not qualify.
Plain English — not legal advice.
Operators of 55-and-older communities should be aware that 910 IAC 2 § 910-2-4-6 sets out the conditions under which a housing community may lawfully restrict residency based on age without violating familial status protections. Compliant operators generally ensure their community meets the requirements of IC 22-9.5-3-4 and the related sections of this rule, and maintain documentation demonstrating that the community is both intended and operated for persons 55 or older. Understanding whether the community qualifies as a 'housing facility or community' under the definitions in this section — such as a condominium association, mobile home park, or leased property under common ownership — is also a key part of maintaining compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 910 IAC 2 § 910-2-4-6, tenants should know that age-restricted communities for persons 55 and older are permitted to limit residency in ways that would otherwise raise familial status concerns under fair housing law, but only if the community meets specific legal requirements. If a tenant believes a community is improperly claiming this exemption — for example, if it does not actually comply with IC 22-9.5-3-4 or the related rule sections — that may be a basis for raising a fair housing concern. Tenants can explore options such as filing a complaint with the Indiana Civil Rights Commission (ICRC) or consulting a tenant-rights organization for guidance on how this exemption applies to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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