Cal. Civ. Code § 910-2-4-7
80 percent occupancy
Operative Text
Sec. 7. (a) In order for a housing facility or community to qualify as housing for older persons under IC 22-9.5-3-4(a)(3), at least eighty percent (80%) of its occupied units must be occupied by at least one (1) person who is at least fifty-five (55) years of age. (b) For purposes of this rule, "occupied unit" means: (1) a dwelling unit that is actually occupied by one (1) or more persons on the date that the exemption is claimed; or (2) a temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis. (c) For purposes of this section, "occupied by at least one (1) person who is at least fifty-five (55) years of age" means that on the date the exemption for housing designed for persons who are at least fifty-five (55) years of age is claimed: (1) at least one (1) occupant of the dwelling unit is at least fifty-five (55) years of age; or (2) if the dwelling unit is temporarily vacant, at least one (1) of the occupants immediately prior to the date on which the unit was temporarily vacated was at least fifty-five (55) years of age. (d) Newly constructed housing for first occupancy after March 12, 1989, need not comply with the requirements of this section until at least twenty-five percent (25%) of the units are occupied. For purposes of this section, "newly constructed housing" includes a facility or community that has been wholly unoccupied for at least ninety (90) days prior to reoccupancy due to renovation or rehabilitation. (e) Housing satisfies the requirements of this section even though, as follows: (1) On September 13, 1988, under eighty percent (80%) of the occupied units in the housing facility or community were occupied by at least one (1) person who is at least fifty-five (55) years of age, provided that at least eighty percent (80%) of the units occupied by new occupants after September 13, 1988, are occupied by at least one (1) person who is at least fifty-five (55) years of age. (2) There are unoccupied units, provided that 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. (3) There are units occupied by employees of the housing facility or community (and family members residing in the same unit) who are under fifty-five (55) years of age, provided the employees perform substantial duties related to the management or maintenance of the facility or community. (4) There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents as required by 910 IAC 2-3-5 and who are under fifty-five (55) years of age. (5) For a period expiring one (1) year from the effective date of this section, there are insufficient units occupied by at least one (1) person who is at least fifty-five (55) years of age, but the housing facility or community, at the time the exemption is asserted: (A) has reserved all unoccupied units for occupancy by at least one (1) person who is at least fifty-five (55) years of age until at least eighty percent (80%) of the units are occupied by at least one (1) person who is at least fifty-five (55) years of age; and (B) meets the requirements of sections 6 and 8 through 10 of this rule. (f) For purposes of the transition provision described in subsection (e)(5), a housing facility or community may not evict, refuse to renew leases, or otherwise penalize families with children who reside in the facility or community in order to achieve occupancy of at least eighty percent (80%) of the occupied units by at least one (1) person who is at least fifty-five (55) years of age. (g) Where application of the eighty percent (80%) rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one (1) person who is at least fifty-five (55) years of age. (h) Each housing facility or community may determine the age restriction, if any, for units that are not occupied by at least one (1) person who is at least fifty-five (55) years of age, so long as the housing facility or community complies with section 8 of this rule.
Section 910 IAC 2 § 910-2-4-7 establishes the occupancy threshold that a housing facility or community must meet to qualify as "housing for older persons" under Indiana law. Specifically, at least 80% of occupied units must have at least one resident who is 55 years of age or older, with detailed definitions clarifying how temporarily vacant units, newly constructed housing, and certain exempt occupants (such as on-site management employees and disability-accommodation residents) are counted. The rule also includes a transitional protection preventing facilities from evicting families with children solely to reach the 80% threshold, and it allows each facility to set its own age policies for the remaining units that do not need to meet the 55-and-older requirement.
Plain English — not legal advice.
Under 910 IAC 2 § 910-2-4-7, operators of age-restricted communities generally maintain records that document the age of at least one occupant in each unit on the date the exemption is claimed, ensuring that at least 80% of occupied units meet the 55-or-older standard. Compliant operators also account for the rule's specific carve-outs — such as units occupied by qualifying management employees or disability-accommodation residents — when calculating whether the threshold is satisfied. Newly constructed or substantially rehabilitated facilities that are just beginning to fill units should be aware that the 80% requirement does not apply until at least 25% of units are occupied, as specified in subsection (d).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 910 IAC 2 § 910-2-4-7 is relevant to tenants in communities that claim a "55 and older" housing exemption, because it sets the legal conditions under which that exemption is valid. Tenants who believe a facility is improperly claiming this exemption — for example, if the 80% occupancy threshold is not actually being met — may have grounds to raise that issue as a defense in a housing dispute or to seek guidance from a tenant-rights organization familiar with Indiana fair housing law. Families with children should note that subsection (f) explicitly prohibits a facility from evicting or refusing to renew leases for families with children as a means of reaching the 80% threshold during the applicable transition period.
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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