§ 40-26-112 — Housing for elderly exempted

(a) The provisions of this chapter relating to familial
status and age do not apply to housing that the secretary of
housing and urban development determines is specifically
designed and operated to assist elderly individuals under a
federal program; the enforcing authority determines is
specifically designed and operated to assist elderly individuals
under a state program; is intended for, and solely occupied by,
individuals sixty-two (62) years of age or older; or is intended
and operated for occupancy by at least one (1) individual
fifty-five (55) years of age or older for each unit as
determined by enforcing authority rules. In determining whether
housing qualifies as housing for elderly because it is intended
and operated for occupancy by at least one (1) individual
fifty-five (55) years of age or older for each unit, the
enforcing authority shall adopt rules that require at least the
following factors:
(i) That at least eighty percent (80%) of the units
are occupied by at least one (1) individual fifty-five (55)
years of age or older per unit; and
(ii) The publication of, and adherence to, policies
and procedures which demonstrate an intent by the owner or
manager to provide housing for individuals fifty-five (55) years
of age or older.
(b) Housing may not be considered to be in violation of
the requirements for housing for elderly under this section by
reason of:
(i) Individuals residing in the housing as of July 1,
2015, who do not meet the age requirements of this section,
provided that new occupants of the housing meet the age
requirements; or
(ii) Unoccupied units, provided that the units are
reserved for occupancy by individuals who meet the age
requirements of this section.