HomeAboutContact | ...loading... iconUpArrow

29 FAR 35 | 8/29/2003 | NOTICE OF PROPOSED RULES

DEPARTMENTDEPARTMENT OF MANAGEMENT SERVICES
AGENCYFLORIDA COMMISSION ON HUMAN RELATIONS
FILENAMEF000767_20030829.pdf
MEETING DATEWednesday, September 24, 2003
MEETING TIME9:00:00
RULE NO60Y-9.005
TITLEHousing Exemption for Persons 55 Years of Age or Older
SPECIFIC AUTHORITY760.06(12), 760.31(5) FS.
LAW IMPLEMENTED760.29 FS.
CONTACTWilliam Tait
EMAILWilliam.Tait@FCHR.MyFlorida.com
PHONE(850) 488-7082
ORIGINATORWilliam James Tait, Jr., General Counsel
APPROVERCecil Howard, Executive Director
PROPOSAL DATE8/18/2003
PUBLISH DATE8/1/2003

Purpose

The rule chapter provides for Commission’s implementation of the provisions of Section 760.29(4), F.S., relating to housing for older persons.

Summary

Amendments are proposed to correct a statutory reference, adopt a federal rule, and correct the address of the Commission and its powers to impose an administrative fine.

Regulatory Costs

None. Any person who wishes to provide information regarding the statement of estimated regulatory cost, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

Notification

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

FULL TEXT OF THE PROPOSED RULE

60Y-9.005 Housing Exemption for Persons 55 Years of Age or Older.

(1) The provisions in Sections 760.20-760.37, F.S., relating to familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing complies with 42 C.F.R. Part 100 as published in the Federal Register on Friday, April 2, 1999. satisfies the requirements of this section:
(a) The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. “Significant facilities and services specifically designed to meet the physical or social needs of older persons” include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, and 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 need not have all of these features to qualify for the exemption under this subsection.

(b) It is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and the housing facility is necessary to provide important housing opportunities for older persons. In order to satisfy this section, the owner or manager of the housing facility must demonstrate 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.
(2) The following factors, among others, are relevant in meeting the requirements of this section:
(a) 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 such services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is not practicable.

(b) The amount of rent charged, if the dwellings are rented, or the price of the dwellings, if they are offered for sale.

(c) The income range of the residents of the housing facility.

(d) The demand for housing for older persons in the relevant geographic area.

(e) The range of housing choices for older persons within the relevant geographic area.

(f) 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 section.

(g) The vacancy rate of the housing facility.
(2)(3) Housing intended and operated for occupancy by at least one person 55 years of age or older per unit means:
(a) Housing for which at least 80% of the units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after October 1, 1989, need not comply with this subsection until 25% of the units in the facility are occupied; and

(b) The owner or manager of the housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this subsection:
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.

6. Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.
(3)(4) Housing satisfies the requirements of this section even though:
(a) Under 80% of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80% of the units that are occupied by new occupants on or after October 1, 1989, are occupied by at least one person 55 years of age or older.

(b) There are unoccupied units, provided that at least 80% of such units are reserved for occupancy by at least one person 55 years of age or over.
(4)(5) Housing satisfies the requirements of this section even though a unit is occupied by employees of the housing provider (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.
Congratulations! You're now booked up on this Notice of Proposed Rules from the 8/29/2003 Issue of the Florida Administrative Register (29 FAR 35)!

It might abreast you of certain affairs which could help you recover from the damages that lawbreaking judges/lawyers/agencies have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Also, please beware that the FCHR (ie, the exclusive author of these pertinent notices) has corrupted itself. Thereby doing so in the following ways (among others):
Nevertheless, please stay vigilant; and – as always – please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Earn 1,000 Book Points for every sample document (and/or template) that you sell!

Help Others

Buy™ | Sell™ | Shop™

TBD Marketplace™
iconWebsite
Buy™Sell™Shop™
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Sell™
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Earn 1,000 Book Points for every sample document (and/or template) that you sell! Help thousands of other litigants who [will] find themselves in your shoes!
Sell™ Now
iconWebsite
TBD Marketplace™

Buy™ | Sell™ | Shop™

Buy™

buy real-live sample court documents/templates

– for free! (ie, with Book Points™)

Sell™

sell your court documents/templates

(earn 1,000 Book Points™ per file)

Shop™ Now

enter the TBD Marketplace™

to help your fellow man/woman

get the justice that he/she deserves!

logoAdobe Download
logoWebsite FCHR 101: How it Works
YouTubeVideo A Judge's Perjury
logoCases A Judge's Perjury
logoGraph Analysis: Pro Se & Race Status
logoHandbook Handbooks
iconWebsite How-To: Declaratory Statements
logoHTML Lists: Attorneys
logoReports Reporter Series
logoRules Rules
logoSamples Sample Court Documents
logoSurvey Survey
iconWarning Warning: FCHR Bribery
iconWarning Warning: FCHR Corruption
iconWarning Warning: FCHR Discrimination
iconWarning Warning: FCHR Obstructions
Pages That You
Might Also Like
All-in-One All-in-One (Rules Proposals)
60Y-2.008 FAC 28-109.104 FAC §286.011 FS Administrative Procedures Act
FACs - Employment Discrimination FACs - General FACs - Housing Discrimination FACs - Pub. Accommodations FACs - Whistleblower
Civil Rights Attorneys - FL
All-in-One
Reports: FCHR Annual Reports: FCHR Regulation
Fla. R. App. P. Fla. R. Civ. P. Fla. R. Crim. P. Fla. R. Gen. Prac. & Jud. Admin.
All Pertinent Laws (Florida)
Buffa v Singletary, 652 So. 2d 885 (1DCA 1995) Gadsden v Lewis, 348 So. 2d 343 (1DCA 1977) Kearse v DHRS, 474 So. 2d 819 (1DCA 1985)
add a comment
IconQuiz IconLike UniApp
1.0
iconFullScreenBgnIticonFullScreenEndIt
Icon-Email-WBIcon-Email-WG Icon-Youtube-WBIcon-Youtube-WG Icon-Share-WBIcon-Share-WG