Cal. Civ. Code § 22-9.5-3-4
"Housing for older persons" defined; scope of term; criteria for determinations; inapplicable provisions
Operative Text
Sec. 4. (a) As used in this section, "housing for older persons" means housing that the commission determines is: (1) specifically designed and operated to assist elderly persons under a federal or state program; (2) intended for and solely occupied by persons at least sixty-two (62) years of age; or (3) intended and operated for occupancy by persons at least fifty-five (55) years of age if the provisions of subsection (c) are met. (b) Housing does not fail to meet the requirements for housing for older persons if: (1) the unoccupied units are reserved for persons who meet the age requirements of subsection (a)(2) or (a)(3); or (2) the occupants who do not meet the age requirements of subsection (a)(2) or (a)(3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of subsection (a)(2) or (a)(3). (c) To be considered housing for older persons under subsection (a)(3), a housing facility or community must meet the following provisions: (1) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is at least fifty-five (55) years of age. (2) The housing facility or community publishes and adheres to policies and procedures that demonstrate an intent to operate housing for persons who are at least fifty-five (55) years of age. (3) The housing facility or community complies with rules adopted by the civil rights commission under IC 4-22-2 for verification of occupancy that: (A) provide for verification by reliable surveys and affidavits; and (B) include examples of the types of policies and procedures relevant to determine compliance with subdivision (2). (d) The surveys and affidavits used to verify occupancy under subsection (c)(3)(A) are admissible in an administrative or a judicial proceeding to verify occupancy. (e) The provisions of IC 22-9.5-1-2 relating to familial status do not apply to housing for older persons.
Indiana Code § 22-9.5-3-4 establishes what qualifies as 'housing for older persons' under the state's civil rights framework, creating an exemption from the familial-status protections that otherwise apply to housing. A property can qualify under one of three tracks: it is federally or state-assisted and designed for elderly residents, it is exclusively occupied by persons 62 or older, or it meets a 55-and-older community standard requiring that at least 80% of occupied units house at least one person aged 55 or older, along with published age-related policies and verified occupancy records. Once a property qualifies under this definition, the familial-status anti-discrimination rules found in IC 22-9.5-1-2 do not apply to it.
Plain English — not legal advice.
Operators of age-restricted communities in Indiana should understand that qualifying as 'housing for older persons' under Ind. Code § 22-9.5-3-4 requires more than simply marketing to older adults — the property must meet specific occupancy thresholds, maintain written policies demonstrating intent to serve the 55-or-older population, and comply with the Indiana Civil Rights Commission's verification rules. Compliant operators typically conduct and retain reliable surveys and affidavits to document occupancy ages, as these records are explicitly admissible in administrative or judicial proceedings under § 22-9.5-3-4(d). Vacant units reserved for age-qualifying residents and long-term occupants who predated September 13, 1988, do not disqualify a property from the exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 22-9.5-3-4 is relevant to tenants who believe they have been denied housing on the basis of familial status — for example, because they have children — in a community claiming to be age-restricted. The exemption from familial-status protections only applies if the housing genuinely meets the criteria set out in § 22-9.5-3-4, including the 80% occupancy threshold and verified, published age policies; a community that does not actually satisfy those requirements cannot lawfully invoke the exemption. Tenants who believe a property is improperly claiming this status may consider filing a complaint with the Indiana Civil Rights Commission 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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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