515 R.I. Code R. 10-00-3 § 515-RICR-10-00-3 § 3.3
Exemptions Related to Familial Status
Operative Text
A. Criteria for Exemptions. A respondent may claim an exemption from the provisions of the Fair Housing Practices Act prohibiting discrimination on the basis of familial status by proving that: 1. the housing accommodation is provided under any state or federal program which is designed and operated to assist elderly persons and is designated as such by the Secretary of the Department of Housing and Urban Development under section 807(2)(A) of the federal Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq., as amended; or 2. the housing accommodation is of four (4) units or less, the owner actually maintains and occupies one (1) of such living quarters as their residence and one (1) of those units is already occupied by a person sixty-two (62) years of age or older or infirm person for whom the presence of children would constitute a demonstrated hardship; or 3. the housing accommodation is intended for and solely occupied by persons sixty-two (62) years of age or older; or, 4. the housing accommodation is intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit, provided that: a. at least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and b. the owner or manager has published and adhered to policies and procedures which demonstrate an intent to provide housing for persons fifty-five (55) years of age or older; and, c. the housing accommodation has significant facilities and services designed to meet the physical and social needs of older persons. If the provision of significant services and facilities is not practicable, it must be demonstrated that such housing provides important opportunities for older persons. B. Verification. In order for a housing facility to qualify as housing under §§ 3.3(A)(3) or (4) of this Part, the housing provider must be able to produce, in response to a charge filed under the Fair Housing Practices Act, verification of compliance with state law. To prove compliance, a facility shall develop procedures for routinely determining whether the occupant of each unit is age compliant.
Section 515-RICR-10-00-3 § 3.3 establishes specific circumstances under which a housing provider in Rhode Island may be exempt from the familial-status anti-discrimination requirements of the Fair Housing Practices Act. The exemptions cover federally designated elderly housing programs, small owner-occupied buildings with an elderly or infirm resident, communities exclusively for persons 62 or older, and age-55-plus communities that meet occupancy thresholds and operational criteria. Housing providers claiming the 55-plus exemption must also maintain verification procedures showing that each unit's occupancy meets the age requirements.
Plain English — not legal advice.
Under § 515-RICR-10-00-3 § 3.3, operators who wish to restrict occupancy on the basis of age must satisfy one of the enumerated exemption categories and be prepared to document that qualification. For 55-plus communities, compliant operators typically maintain written policies demonstrating intent to serve older residents, track occupancy data showing at least 80% of units are occupied by a qualifying person, and offer facilities or opportunities suited to older residents. When a fair-housing charge is filed, § 3.3(B) requires the housing provider to produce verification records showing routine age-compliance determinations for each unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 515-RICR-10-00-3 § 3.3 means that a housing provider cannot simply claim an age-based exemption without meeting precise legal criteria — a blanket refusal to rent to families with children may still constitute unlawful familial-status discrimination if the exemption conditions are not genuinely satisfied. Tenants who believe they have been wrongly denied housing under a claimed age exemption may raise the provider's failure to meet § 3.3's requirements as part of a complaint under the Rhode Island Fair Housing Practices Act. Tenant-rights organizations and the Rhode Island Commission for Human Rights are resources for understanding how these exemptions are evaluated and what verification a housing provider must supply.
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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