Illinois Administrative Code › Title 71 - PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY › Part 2300 - HOUSING DISCRIMINATION › Section 2300.35 - Housing for Older Persons

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Housing for older persons pursuant to Section 3-106(I)(1)(a) of the Act. To
			 ascertain whether housing for older persons provided under a federal program is
			 "specifically designed and operated to assist elderly persons", the Department
			 will obtain a determination from the U.S. Department of Housing and Urban
			 Development as to whether the housing is in accordance with federal law,
			 regulations and standards.
b)
			 Verification of occupancy pursuant to Section 3-106(I)(1)(c)(iii)(aa) of the
			 Act.
1) In order for a housing facility or
			 community to qualify as housing for persons 55 years of age or older, it must
			 be able to produce, in response to a charge filed under Article 3 of the Act,
			 verification of compliance through reliable surveys and/or
			 affidavits.
2) A facility or
			 community shall, by January 27, 2009, develop procedures for routinely
			 determining the occupancy of each unit, including the identification of whether
			 at least one occupant of each unit is 55 years of age or older. These
			 procedures may be part of a normal leasing or purchasing arrangement.
3) The procedures described in subsection
			 (b)(2) of this Section must provide for regular updates, through surveys or
			 other means, of the initial information supplied by the occupants of the
			 housing facility or community. The updates must take place at least once every
			 two years.
4) Any of the following
			 documents are considered reliable documentation of the age of the occupants of
			 the housing facility or community:
A) Driver's
			 license;
B) Birth
			 certificate;
C) Passport;
D) Immigration card;
E) Military identification;
F) Any other state, local, national or
			 international official documents containing a birth date of comparable
			 reliability; or
G) A certification
			 in a lease, application, affidavit or other document signed by any member of
			 the household age 18 or older asserting that at least one person in the unit is
			 55 years of age or older.
5) A facility or community shall consider any
			 one of the forms of verification identified in subsection (b)(4) as adequate
			 for verification of age, provided that it contains specific information about
			 current age or date of birth.
6)
			 The housing facility or community must establish and maintain appropriate
			 policies to require that occupants comply with the age verification procedures
			 required by this Section.
7) If the
			 occupants of a particular dwelling unit refuse to comply with the age
			 verification procedures, the housing facility or community may, if it has
			 sufficient evidence, consider the unit to be occupied by at least one person 55
			 years of age or older. Acceptable evidence may include:
A) Government records or documents, such as a
			 local household census;
B) Prior
			 forms or applications; or
C) A
			 statement from an individual who has personal knowledge of the age of the
			 occupants. The individual's statement must set forth the basis for that
			 knowledge and be signed under the penalty of perjury.
8) A summary of occupancy surveys shall be
			 available for inspection upon reasonable notice and request by any
			 person.