Section 515-RICR-10-00-3.3 - Exemptions Related to Familial StatusA. 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; or2. 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; or3. 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.515 R.I. Code R. 515-RICR-10-00-3.3
Adopted effective 1/8/2019