Authority: IC 22-9.5-3-4; IC 22-9.5-4-2; P.L.89-2003

Affected: IC 22-9.5-1-2

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. (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. (2) on or after July 1, 2003, and the housing community or facility complies with:

   1. (A) IC 22-9.5-3-4; and
   2. (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. (1) A condominium association.
2. (2) A cooperative.
3. (3) A property governed by a homeowners' or resident association.
4. (4) A municipally zoned area.
5. (5) A leased property under common private ownership.
6. (6) A mobile home park.
7. (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.

(Civil Rights Commission; 910 IAC 2-4-6; filed May 26, 2004, 3:25 p.m.: 27 IR 3074; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)