(1) specifically designed and operated to assist elderly persons under a federal or state program;

(2) intended for and solely occupied by persons at least sixty-two (62) years of age; or

(3) intended and operated for occupancy by persons at least fifty-five (55) years of age if the provisions of subsection (c) are met.

     (b) Housing does not fail to meet the requirements for housing for older persons if:

(1) the unoccupied units are reserved for persons who meet the age requirements of subsection (a)(2) or (a)(3); or

(2) the occupants who do not meet the age requirements of subsection (a)(2) or (a)(3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of subsection (a)(2) or (a)(3).

     (c) To be considered housing for older persons under subsection (a)(3), a housing facility or community must meet the following provisions:

(1) At least eighty percent (80%) of the occupied units are occupied by at least one (1) person who is at least fifty-five (55) years of age.

(2) The housing facility or community publishes and adheres to policies and procedures that demonstrate an intent to operate housing for persons who are at least fifty-five (55) years of age.

(3) The housing facility or community complies with rules adopted by the civil rights commission under IC 4-22-2 for verification of occupancy that:

(A) provide for verification by reliable surveys and affidavits; and

(B) include examples of the types of policies and procedures relevant to determine compliance with subdivision (2).

     (d) The surveys and affidavits used to verify occupancy under subsection (c)(3)(A) are admissible in an administrative or a judicial proceeding to verify occupancy.

     (e) The provisions of IC 22-9.5-1-2 relating to familial status do not apply to housing for older persons.

As added by P.L.66-1990, SEC.2. Amended by P.L.111-1992, SEC.6; P.L.89-2003, SEC.1.