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A. The provisions of this article relating to familial status do not apply to housing for older persons.

B. In this section, housing for older persons means housing that:

1. Is specifically designated by the U.S. Department of Housing and Urban Development as housing for older persons; or

2. Is intended for, and solely occupied by, persons 62 years of age or older; or

3. Is intended for and operated for occupancy by at least one person 55 years of age or older per unit.

C. The Director may adopt rules setting forth criteria for housing older persons. The rules adopted for subsection (B)(3) of this section shall require the following factors:

1. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit.

2. The publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. Rules adopted establishing compliance with this subsection shall be consistent with Federal fair housing regulations.

D. A person shall not be held personally liable for monetary damages under this article if the person relied in good faith that the housing was exempt from this article because it was housing for older persons as defined under subsection (B)(3) of this section. For the purposes of this subsection, a person may only demonstrate good faith reliance on the exemption from the provisions of this article if both:

1. The person has no actual knowledge that the facility or community does not, or will not, qualify as housing for older persons as defined under subsection (B)(3) of this section.

2. The facility or community has formally stated in writing that the facility or community is housing for older persons as defined under subsection (B)(3) of this section. (Ord. No. G-3451, § 1; Ord. No. G-4088, 1998)

State law reference—Similar provisions, A.R.S. § 41-1491.04.