§ 24-28. Same—housing for older persons.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Housing for older persons means housing:

(1)

Provided under any state or federal program that the department determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program);

(2)

Intended for, and solely occupied by, persons 62 years of age or older; or

(3)

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

(b)

No provision in this article regarding familial status shall apply with respect to housing for older persons. In determining whether housing qualifies as housing for older persons under this subsection, the village shall require at least the following:

(1)

The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;

(2)

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

(3)

The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(c)

Housing shall not fail to meet the requirements for housing for older persons by reason of:

(1)

Persons residing in such housing as of September 11, 1989, who do not meet the age requirements of subsection (a)(2) or (a)(3) of this section; provided, however, that new occupants of such housing meet the age requirements of subsection (a)(2) or (a)(3) of this section; or

(2)

Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of subsection (a)(2) or (a)(3) of this section.

(Code 1997, § 42-40)

State law reference

Similar provisions, 775 ILCS 5/3-106(I).