Ariz. Admin. Code § 10-2-102

Current through Register Vol. 30, No. 50, December 13, 2024

Section R10-2-102 - Fifty-five or Over Housing

A. A housing facility shall be recognized as meeting the definition of "housing for older persons", and thus achieving exemption status, if it meets the standards set forth in A.R.S. § 41-1491.04 and this Section.

B. "Significant facilities and services specifically designed to meet the physical or social needs of older persons", as used in A.R.S. § 41-1491.04(C), include, among others, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them. The housing facility does not need to have all of these features to qualify for the exemption under this subsection; or

C. The housing facility can still meet the requirements of A.R.S. § 41-1491.04, even if it is not practicable to provide significant services and facilities designed to meet the physical or social needs of older persons, as long as the owner or manager of the housing facility demonstrates through credible and objective evidence that the provision of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic area of needed and desired housing. The following factors, among others, are relevant in meeting the requirements:

1. Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that the services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is impractical;

2. The amount of rent charged, if the dwelling is rented, or the price of the dwelling, if it is offered for sale;

3. The income range of the residents of the housing facility;

4. The demand for housing for older persons in the relevant geographic area;

5. The range of housing choices for older persons within the relevant geographic area;

6. The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this paragraph; and

7. The vacancy rate of the housing facility.

D. The following factors are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of A.R.S. § 41-1491.04(C)(3):

1. The manner in which the housing facility is described to prospective residents;

2. The nature of any advertising designed to attract prospective residents;

3. Age verification procedures;

4. Lease provisions;

5. Written rules and regulations; and

6. Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

E. A housing facility will not be denied or lose its recognition as "housing for older persons" solely because:

1. There are unoccupied units, provided that at least 80% of such unoccupied units are reserved for occupancy by at least one person 55 years of age or over; or

2. There are units occupied by employees of the housing facility (and family members residing in the same unit) who are under 55 years of age, provided they perform substantial duties directly related to the management or maintenance of the housing.

Ariz. Admin. Code § R10-2-102

Adopted effective December 2, 1994 (Supp. 94-4).