Cal. Civ. Code § 910-2-4-9
Verification of occupancy
Operative Text
Sec. 9. (a) In order for a housing facility or community to qualify as housing for persons who are at least fifty-five (55) years of age, it must be able to produce, in response to a complaint filed under this article, verification of compliance with section 7 of this rule through reliable surveys and affidavits. (b) A facility or community shall, within one hundred eighty (180) days of the effective date of this section, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one (1) occupant of each unit is at least fifty-five (55) years of age. Such procedures may be part of a normal leasing or purchasing arrangement. (c) The procedures described in subsection (b) must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two (2) years. A survey may include information regarding whether any units are occupied by persons described in section 7(e)(1), 7(e)(3), and 7(e)(4) of this rule. (d) Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community: (1) Driver's license. (2) Birth certificate. (3) Passport. (4) Immigration card. (5) Military identification. (6) Any other state, local, national, or international official documents containing a birth date of comparable reliability. (7) A certification in a lease, application, affidavit, or other document signed by any member of the household eighteen (18) years of age or older asserting that at least one (1) person in the unit is at least fifty-five (55) years of age. (e) A facility or community shall consider any one (1) of the forms of verification identified above as adequate for verification of age, provided that it contains specific information about current age or date of birth. (f) The housing facility or community must establish and maintain appropriate policies to require that occupants comply with the age verification procedures required by this section. (g) If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one (1) person who is at least fifty-five (55) years of age. Such evidence may include the following: (1) Government records or documents, such as a local household census. (2) Prior forms or applications. (3) A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under the penalty of perjury. (h) Surveys and verification procedures which comply with the requirements of this section shall be admissible in administrative and judicial proceedings for the purpose of verifying occupancy. (i) A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.
Section 910-2-2-4-9 of Indiana's 910 IAC 2 establishes how a housing facility or community that markets itself as 55-and-older housing must document and verify that its residents meet the age requirement. The rule requires that communities maintain written procedures for checking occupancy at least every two years, accept a defined list of documents as proof of age, and be able to produce that verification in response to a complaint. Surveys and affidavits gathered under these procedures are admissible in both administrative and judicial proceedings, and a summary of occupancy surveys must be made available to any person upon reasonable request.
Plain English — not legal advice.
Operators of 55-and-older communities in Indiana must comply with 910 IAC 2 § 910-2-4-9 by establishing written procedures for routinely determining whether at least one occupant per unit is 55 or older, and updating that information at least once every two years through surveys or comparable means. Compliant operators accept any one of the enumerated documents—such as a driver's license, birth certificate, passport, or a signed household certification—as sufficient proof of age, provided it includes a current age or date of birth. When occupants refuse to cooperate with verification, operators may draw on alternative evidence such as government records, prior applications, or signed statements from individuals with personal knowledge, and should maintain policies that require occupant cooperation with these procedures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents and prospective residents of communities claiming 55-and-older status under 910 IAC 2 § 910-2-4-9 should be aware that the community is required to maintain documented age-verification procedures and update occupancy records at least every two years. If a community's age-qualification status is in question, the rule provides that verification surveys and affidavits are admissible in administrative and judicial proceedings, and that a summary of occupancy surveys must be made available for inspection upon reasonable notice and request. Individuals who believe a community is not properly maintaining or applying these procedures may consider filing a complaint under Indiana's fair housing framework or consulting a tenant-rights organization for guidance on available options.
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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