Cal. Civ. Code § 910-2-4-4
Housing programs; 62 or over
Operative Text
Sec. 4. (a) The provisions regarding familial status in this rule shall not apply to housing intended for, and solely occupied by, persons sixty-two (62) years of age or older provided that the housing satisfies the requirements of this section even though: (1) there were persons residing in such housing on September 13, 1988, who were under sixty-two (62) years of age, provided that all new occupants are persons sixty-two (62) years of age or older; (2) there are unoccupied units, provided that such units are reserved for occupancy by persons sixty-two (62) years of age or over; or (3) there are units occupied by employees of the housing facility (and family members residing in the same unit) who are under sixty-two (62) years of age provided they perform substantial duties directly related to the management or maintenance of the housing facility. (b) The following examples illustrate the application of subsection (a): (1) John and Mary apply for housing at the Vista Heights apartment complex which is an elderly housing complex operated for persons sixty-two (62) years of age or older. John is sixty-two (62) years of age. Mary is fifty-nine (59) years of age. If Vista Heights wishes to retain its "62 or over" exemption, it must refuse to rent to John and Mary because Mary is under sixty-two (62) years of age. However, if Vista Heights rents to John and Mary, it might qualify for the "55 or over" exemption in section 5 of this rule. (2) The Blueberry Hill retirement community has one hundred (100) dwelling units. On September 13, 1988, fifteen (15) units were vacant and thirty-five (35) units were occupied with at least one (1) person who is under sixty-two (62) years of age. The remaining fifty (50) units were occupied by persons who were all sixty-two (62) years of age or older. Blueberry Hill can qualify for the "62 or over" exemption as long as all units that were occupied after September 13, 1988, are occupied by persons who are sixty-two (62) years of age or older. The people under sixty-two (62) in the thirty-five (35) units previously described need not be required to leave for Blueberry Hill to qualify for the "62 or over" exemption.
Indiana regulation 910 IAC 2 § 910-2-4-4 establishes an exemption from familial-status fair-housing protections for housing communities that are intended for and solely occupied by persons aged 62 or older. The exemption can still apply even if some units were occupied by younger residents before September 13, 1988, if units are temporarily vacant but reserved for qualifying residents, or if on-site employees under 62 live in units while performing substantial management or maintenance duties. The provision includes illustrative examples showing how the age threshold applies to new applicants and existing communities.
Plain English — not legal advice.
Operators of senior housing communities seeking to maintain the '62 or over' exemption under 910 IAC 2 § 910-2-4-4 generally ensure that all new occupants admitted after September 13, 1988, are at least 62 years of age, with no exceptions for applicant households where even one member falls below that threshold. Vacant units must be reserved exclusively for qualifying residents, and any on-site employees under 62 who occupy units should be performing substantial duties directly tied to managing or maintaining the facility. Operators typically document occupancy policies and resident ages to demonstrate ongoing compliance with the exemption's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 910 IAC 2 § 910-2-4-4, housing communities that qualify for the '62 or over' exemption are legally permitted to decline applicants who do not meet the age threshold, and this does not constitute unlawful familial-status discrimination. Tenants who believe a community is incorrectly claiming this exemption—for example, by admitting new residents under 62 outside the narrow exceptions—may have grounds to raise that issue through Indiana's civil rights complaint process or by consulting a tenant-rights organization. Reviewing whether a community actually meets all the conditions of the exemption, including the rules about existing residents and employee units, can be an important step in understanding one's rights.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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