Cal. Civ. Code § 910-2-4-8
Intent to operate as housing designed for persons who are at least 55 years of age
Operative Text
Sec. 8. (a) In order for a housing facility or community to qualify as housing designed for persons who are at least fifty-five (55) years of age, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons who are at least fifty-five (55) years of age. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement: (1) The manner in which the housing facility or community is described to prospective residents. (2) Any advertising designed to attract prospective residents. (3) Lease provisions. (4) Written rules, regulations, covenants, deed, or other restrictions. (5) The maintenance and consistent application of relevant procedures. (6) Actual practices of the housing facility or community. (7) Public posting in common areas of statements describing the facility or community as housing for persons who are at least fifty-five (55) years of age. (b) Phrases such as "adult living", "adult community", or similar statements in any written advertisement or prospectus are not consistent with an intent to operate as housing for persons at least fifty-five (55) years of age. (c) If there is language in deeds or other community or facility documents which is inconsistent with the intent to provide housing for persons who are fifty-five (55) years of age or older, the ICRC shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section in conjunction with other evidence of intent. (d) A housing facility or community may allow occupancy by families with children as long as it meets the requirements of section 7 of this rule and subsection (a).
Under 910 IAC 2 § 910-2-4-8, a housing facility or community that wants to qualify as 55-and-older housing must both publish and consistently follow policies that demonstrate that intent. Regulators look at a range of evidence — including advertising, lease terms, posted notices, and actual day-to-day practices — to decide whether the facility genuinely operates as age-restricted housing. Vague phrases like 'adult living' or 'adult community' are explicitly insufficient to establish that intent, and conflicting language in deeds or other documents can undermine a facility's claim unless good-faith efforts to remove it are documented.
Plain English — not legal advice.
Operators seeking 55-and-older status under 910 IAC 2 § 910-2-4-8 generally maintain a consistent, documented record of age-restricted intent across every touchpoint — from marketing materials and lease clauses to posted notices in common areas and day-to-day management practices. Advertising language should clearly reference the 55-or-older age requirement rather than relying on softer terms like 'adult community,' which the rule explicitly identifies as insufficient. Where deed restrictions or community documents contain conflicting language, operators typically document their good-faith efforts to remove that language, as the Indiana Civil Rights Commission (ICRC) considers such evidence when evaluating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 910 IAC 2 § 910-2-4-8, residents and prospective residents have an interest in knowing whether a facility claiming 55-and-older status actually meets the legal requirements for that designation, since the exemption affects who may live there. If a facility's advertising, lease terms, or actual practices appear inconsistent with a genuine 55-and-older policy, that inconsistency may be relevant to a fair housing complaint or inquiry. The Indiana Civil Rights Commission (ICRC) is the body that evaluates compliance with this provision, and tenant-rights organizations can help individuals understand what options may be available when a facility's age-restricted status is in question.
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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