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Chapter 70 - Human Rights Lie Chapter 70 HUMAN RIGHTS* Article I. In General Secs. 70-1-70-25. Reserved. Article II. Fair Housing Sec. 70-26. Common title. Sec. 70-27. Definitions. Sec. 70-28. Penalty. Sec. 70-29. Administrator;authority and responsibility. Sec. 70-30. Complaints. Sec. 70-31. Processing complaints. Sec. 70-32. Additional remedies. Sec. 70-33. Education and public information. Sec. 70-34. Untruthful complaints or testimony. Sec. 70-35. Unlawful housing practices. Sec. 70-36. Exemptions and exceptions. • *Cross reference—Black affairs advisory board,§2-946 et seq. State law reference—Discrimination generally,F.S.ch.760. Supp.No.56 CD70:1 HUMAN RIGHTS § 70-27 ARTICLE I. IN GENERAL Familial status means one or more individuals, who have not attained the age of 18 years, being domiciled with: Secs. 70-1-70-25. Reserved. (1) A parent or another person having legal custody of such individual or individuals; or ARTICLE II. FAIR HOUSING* (2) The designee of such parent or other person having such custody, with the written per- Sec. 70-26. Common title. mission of such parent or other person. This article shall be known and may be cited as The protections afforded against discrimination the "Fair Housing Code of unincorporated Collier on the basis of familial status shall apply to any County, Florida." person who is pregnant or is in the process of se- (Ord. No. 86-74, § 1) curing legal custody of any individual who has not attained the age of 18 years. Sec. 70-27. Definitions. Family includes a single individual. The following words, terms and phrases, when Handicap, with respect to a person, means: used in this article, shall have the meanings as- (1) A physical or mental impairment which cribed to them in this section, except where the substantially limits one or more of such per- context clearly indicates a different meaning: son's major life activities; Administrator means that person appointed by (2) A record of having such an impairment; or the county administrator pursuant to section 70 29. (3) Being regarded as having such an impair- ment; Covered multifamily dwelling means: but such term does not include current,illegal use (1) A building which consists of four or more of or addiction to a controlled substance, as de units and has an elevator; or fined in section 102 of the Controlled Substance Act (21 U.S.C. 802). (2) The ground floor units of a building which Lending institution means any bank, insurance consists of four or more units and does not company, savings and loan association or any have an elevator. other person or organization regularly engaged in Discriminatory housing practice means an act the business of lending money,guaranteeing loans, that is unlawful under section 70-35. or sources of credit information, including but not limited to credit bureaus. Dwelling means any building,structure, or por- Owner means any person,including but not lim- tion thereof which is occupied as, or designed or ited to a lessee, sublessee, assignee, manager, or intended for occupancy as, a residence by one or agent, and also including the city and its depart- more families, and any vacant land which is of- merits or other subunits, having the right of own- fered for sale or lease for the construction or loca- ership or possession or the authority to sell or tion thereon of any such building, structure, or lease any dwelling. portion thereof. Person means one or more individuals, corpora- *Cross references—Advisory committee on the homeless, tions, partnerships, associations, labor organiza- §2-886 et seq.;businesses,ch.26;housing initiatives partner- ship(SHIP) program, § 114-56 et seq. tions, legal representatives, mutual companies, State law reference—Fair Housing Act, F.S. § 760.20 et joint stock companies, trusts, unincorporated or- seq. ganizations, trustees, trustees in bankruptcy, re- CD70:3 § 70-27 COLLIER COUNTY CODE �� ceivers, fiduciaries, or public corporations, or any board established pursuant to the authority of F.S. department or subunit thereof. ch. 162. (Ord. No. 86-74, § 11; Ord. No. 92-9, § 6(11)) Real estate agent means any real estate broker, State law reference—Penalty for ordinance violations,F.S. any real estate salesman, or any other person, § 125.69. employee, agent, or otherwise, engaged in the management, sales, or operation of any real prop- Sec. 70-29. Administrator; authority and re- erty. sponsibility. Real estate broker or salesman means a person, (a) Appointment. The authority and responsi- whether licensed or not, who, for or with the ex- bility for administering this article shall be vested pectation of receiving a consideration, lists, sells, in the county administrator,who shall appoint an purchases, exchanges, rents, or leases real prop- administrator for the provisions of this article. erty, or who negotiates or attempts to negotiate any of these activities,or who holds himself out as (b) Powers and duties. The administrator shall: engaged in these activities, or who negotiates or (1) Receive written complaints as hereinafter attempts to negotiate a loan secured or to be se- provided in section 70-30 relative to alleged cured by mortgage or other encumbrance upon unlawful acts under this article; real property,or who is engaged in the business of listing real property in a publication, or a person (2) Upon receiving a written complaint, make employed by or acting on behalf of any of these. such investigations as the administrator deems appropriate to ascertain facts and Real estate transaction includes the sale, pur- issues; chase, exchange, rental or lease of real property, '"� and any contract pertaining thereto. (3) Utilize methods of persuasion, conciliation and mediation or informal adjustment of Respondent means any person against whom a grievances; complaint is filed pursuant to this article. (4) Establish, administer or review programs To rent includes lease, sublease, assignment at the request of the county administrator and/or rental, including any contract to do any of and make reports on such programs to the the foregoing, or otherwise granting for a consid- county administrator; eration the right to occupy premises that are not owned by the occupant. (5) Bring to the attention of the county admin- istrator items that may require notice to Sale includes any contract to sell, exchange, or the board of county commissioners or board to convey, transfer, or assign legal or equitable action to resolve; title to, or a beneficial interest in, real property. (Ord. No. 86-74, § 2; Ord. No. 86-89, § 2; Ord. No. (6) Render to the county administrator annual 92-9, § 2) written reports of activities under the pro- Cross reference—Definitions generally, § 1-2. visions of this article, along with such com- ments and recommendations as required; Sec. 70-28. Penalty. (7) Cooperate with and render technical assis- (a) Violations of this article shall be prosecuted tance to federal,state,local and other public in the same manner as misdemeanors are prose- and private agencies, organizations and in- cuted and upon conviction shall be punished by stitutions which are formulating or car- fine not to exceed $500.00 or by imprisonment in rying on programs to prevent or eliminate the county jail not to exceed 60 days or by both the unlawful discriminatory practices cov- fine and imprisonment. ered by the provisions of this article; (b) Nothing in this section shall be construed to (8) If he determines that there is probable cause -�, prohibit the county from prosecuting any viola- to believe that there has been a violation of tion of this article by means of a code enforcement the provisions of this article, refer the CD70:4 HUMAN RIGHTS § 70-31 matter to the proper county, state or fed- (f) The administrator shall assist complainant eral authorities for appropriate legal ac- or respondent when necessary in the preparation tion; and filing of informal complaint or answers or (9) Promulgate,publish and distribute the nec any amendments thereto. essary forms, rules and regulations to im- (Ord. No. 86-74, § 6; Ord. No. 86-89, § 4; Ord. No. plement the provisions of this article. 92 9, § 5) (Ord. No. 86-74, § 5) Sec. 70-31. Processing complaints. Sec. 70-30. Complaints. (a) Within 30 days after the filing of an in- formal complaint, the administrator shall make (a) A person who claims that another person such investigation, as appropriate, to ascertain has committed a discriminatory housing practice facts and issues. If the administrator shall deem may report that offense to the administrator by that there are reasonable grounds to believe that filing an informal complaint within 60 days after a violation has occurred and can be resolved by the date of the alleged discriminatory housing conciliation, such conciliation shall be attempted practice and not later. by methods of initial conference and persuasion (b) The administrator shall treat a complaint with all interested parties and such representa referred by the secretary of housing and urban tives as the parties may choose to assist them. Conciliation conferences shall be informal, and development or the attorney general of the United States under the Fair Housing Act of 1968,Public nothing said or done in the course of the informal Law 90-284, as an informal complaint filed under conference with the individuals to resolve the dis pute may be made public or used as evidence in a subsection (a) of this section. subsequent proceeding by either party without the (c) An informal complaint must be in writing, written consent of both the complainant and the verified or affirmed, on a form to be supplied by respondent.The administrator or any employee of the administrator and shall contain the following: the administrator who shall make public any in- formation in violation of this provision shall be (1) Identity and address of the respondent. deemed guilty of a violation of this article and (2) Date of the offense and date of filing the shall be subject to penalty as set forth in section informal complaint. 70-28. (3) General statement of facts of the offense, (b) If the parties desire to conciliate, the terms including the basis of the discrimination of the conciliation shall be reduced to writing in (race, color, national origin, religion, sex, the form approved by the administrator and must familial status, or handicap). be signed and verified by the complainant and respondent and approved by the administrator. (4) Name and signature of the complainant. The conciliation agreement is for conciliation pur- (d) Within 15 days after the filing of the in- poses only and does not constitute an admission formal complaint,the administrator shall transmit by any party that the law has been violated. a copy of the same to each respondent named (c) If the administrator deems that there is not therein by certified mail return receipt requested. probable cause to believe that a particular alleged Thereupon,the respondent may file a written,ver- discriminatory housing practice has been corn- died informal answer to the informal complaint mitted, the administrator shall take no further within 20 days of the date of receipt of the in- action with respect to the alleged offense. formal complaint. (d) If the administrator, with respect to any (e) An informal complaint or answer may be matter,which involves a contravention of this ar amended at any time,and the administrator shall tide: furnish a copy of each amended informal corn- (1) Fails to conciliate a complaint after the par- plaint or answer to the respondent or complainant ties,in good faith,have attempted such con- respectively as promptly as practicable. ciliation; or CD70:5 § 70-31 COLLIER COUNTY CODE (2) Determines that the violation alleged in the (2) Discriminate against a person in the terms, complaint cannot be resolved by concilia- conditions or privileges of a real estate tion; transaction or in the furnishing of facilities or services in connection therewith, or be- both the complainants and the respondents shall cause of his exercise of his right of free as be notified within 30 days of the failure of the sociation. conciliation and the provisions of subsection 70- 29(b)(8) involved. (3) Refuse to receive or fail to transmit a bona (Ord. No. 86-74, § 7) fide offer to engage in a real estate trans- action from a person. Sec. 70-32. Additional remedies. The procedures prescribed by this article do not (4) Refuse to negotiate for a real estate trans constitute an administrative prerequisite to an action with a person. other action or remedy available under other law. (5) Represent to a person that a dwelling is not Nothing in this article shall be deemed to modify, available for inspection,sale,rental or lease impair or otherwise affect any right or remedy when in fact it is so available, or to fail to conferred by the constitution or laws of the United bring a property listing to his attention, or States or the state; and the provisions of this ar to refuse to permit him to inspect the tide shall be in addition to those provided by such dwelling. other laws. (Ord. No. 86-74, § 8) (6) Make, print, publish or circulate, post or Sec. 70.33. Education and public informa- mail, or cause to be made, printed, pub lished or circulated, any notice, statement, tion. advertisement or sign, or to use a form of The administrator may conduct educational and application or photograph for a real estate public informational activities that are designed transaction or, except in connection with a to promote the policy of this article. written affirmative action plan, to make a (Ord. No. 86-74, § 9) record,or oral or written inquiry in connec- tion with a prospective real estate transac- Sec. 70-34. Untruthful complaints or testi- tion, which indicates directly or indirectly mony. an intent to make a limitation, specifica- tion, or discrimination with respect thereto It shall be a violation of this article for any based upon race, color, religion, sex, fa- person knowingly and willfully to make false or milial status or national origin. untrue statements, accusations or allegations in his complaint or to give false testimony concerning (7) Offer, solicit, accept, use or retain a listing • violations of this article. of a dwelling with the understanding that (Ord. No. 86-74, § 10) a person may be discriminated against in a real estate transaction or in the furnishing Sec. 70-35. Unlawful housing practices. of facilities or services in connection there- (a) Sale or rental. Except as provided in section with. 70-36, it shall be unlawful and a discriminatory (8) Make any misrepresentations concerning housing practice for an owner,or any other person the listing for sale or rental, or the antici engaging in a real estate transaction,or for a real pated listing for sale or rental, or the sale estate broker, because of race, color, national or or rental of any dwelling in any area in the igin, religion, sex, familial status, or handicap to: unincorporated area of the county for the (1) Refuse to engage in a real estate transac- purpose of inducing or attempting to in- .� tion with a person or otherwise make un- duce any such listing or any of the above available or deny a dwelling to any person. transactions for discriminatory purposes. CD70:6 HUMAN RIGHTS § 70-35 (9) Retaliate or discriminate in any manner making the statement,or to make any other against any person because of his opposing material misrepresentations in order to ob- a practice declared unlawful by this article, tain such listing, sale,removal from, lease, or because he has filed a complaint, testi- assignment,transfer or other disposition of fled,assisted or participated in any manner said dwelling. in any investigation, proceeding or confer- ence under this article. (14) Place a sign or display any other device either purporting to offer for sale,lease,as- (10) Aid, abet, incite, compel or coerce any signment, transfer or other disposition person to engage in any of the practices tending to lead to the belief that a bona fide prohibited by the provisions of this article, offer is being made to sell, lease, assign, or to obstruct or prevent any person from transfer or otherwise dispose of any complying with the provisions of this ar- dwelling that is not in fact available or of- tide,or any conciliation agreement entered fered for sale, lease, assignment, transfer into thereunder. or other disposition. (11) By canvassing, compel any unlawful prac- (15) Discriminate in the sale or rental of, or to tices prohibited by the provisions of this otherwise make unavailable or deny, a article. dwelling to any buyer or renter because of (12) Promote, induce, influence or attempt to a handicap of: promote, induce or influence by the use of a. That buyer or renter; postal cards, letters, circulars, telephone, b. A person residing in or intending to visitation or any other means, directly or reside in that dwelling after it is sold, indirectly, a property owner, occupant, or rented, or made available; or tenant to list for sale, sell, remove from, c. Any person associated with the buyer lease,assign,transfer;or otherwise dispose or renter. of any dwelling by referring as a part of a process or pattern of inciting neighborhood (16) Discriminate against any person in the unrest; community tension, or fear of ra- terms, conditions, or privileges of sale or cial, color, religious, nationality, family rental of a dwelling, or in the provision of composition,or ethnic change in any street, services or facilities in connection with such block, neighborhood, or any other area, to dwelling, because of a handicap of: the race, color, religion, familial status, or a. That buyer or renter; national origin of actual or anticipated b. A person residing in or intending to neighbors, tenants or other prospective reside in that dwelling after it is sold, buyers of any dwelling. rented, or made available; or (13) Cause to be made any intentionally mis- c. Any person associated with the buyer leading statement or advertisement, or, in or renter. any other manner,attempt as part of a pro (17) For purposes of subsections (15) and (16) of cess or pattern of inciting neighborhood un this section, discrimination includes: rest, community tension or fear of racial, color,religious,family composition,nation- a. A refusal to permit, at the expense of ality or ethnic change in any street, block, the handicapped person, reasonable neighborhood, or any other area, to obtain modifications of existing premises oc- a listing of any dwelling for sale, rental, cupied or to be occupied by such person assignment, transfer or other disposition, if such modifications may be necessary where such statement, advertisement or to afford such person full enjoyment of other representation is false or materially the premises; or misleading, or where there is insufficient b. A refusal to make reasonable accom- basis to judge its truth or falsity or warrant modations in rules, policies, practices, CD70:7 § 70-35 COLLIER COUNTY CODE or services,when such accommodations (b) Block busting. It shall be unlawful and a may be necessary to afford such person discriminatory housing practice for a person, for equal opportunity to use and enjoy a the purpose of inducing a real estate transaction dwelling. for which he may benefit financially to: (18) Covered multifamily dwellings as defined (1) Represent that a change has occurred or will or may occur in the composition, with herein which are intended for first occu- respect to race, color, national origin, reli- pancy after March 13, 1991, shall be de- gion, sex, familial status, or handicap, of signed and constructed to have at least one the owners or occupants in the block,neigh- building entrance on an accessible route un- borhood, or area in which the dwelling is less it is impractical to do so because of the located. terrain or unusual characteristics of the site as determined by administrator rule. Such (2) Represent that this change will or may re buildings shall also be designed and con- sult in the lowering of property values, an strutted in such a manner that: increase in criminal or anti-social behavior, or a decline in the quality of schools in the a. The public use and common use por- block, neighborhood, or area in which the tions of such dwellings are readily ac- dwelling is located. cessible to and usable by handicapped persons. (3) Make, as part of a process or pattern of dis- b. All doors designed to allow passage into couraging the purchase, rental, occupancy and within all premises within such or otherwise of any dwelling in a particular block, neighborhood or area, any represen- dwellings are sufficiently wide to allow tation to a person known to be a prospec- passage by a person in a wheelchair. tive purchaser,that such block or neighbor- c. All premises within such dwellings con- hood or area may undergo,is undergoing or tain the following features of adaptive has undergone a change with respect to ra- design: cial, color, religious, nationality, family 1. An accessible route into and composition, or ethnic composition of such through the dwelling. block or neighborhood or area. 2. Light switches, electrical outlets, (4) Engage in,or hire to be done,or to conspire thermostats, and other environ- with others to commit actions or activities mental controls in accessible loca- of any nature, the purpose of which is to tions. coerce, cause panic, incite unrest or create 3. Reinforcements in bathroom walls or play upon fear, with the intent to either to allow later installation of grab discourage or induce, or attempt to induce, bars. the sale, purchase, rental or lease or the 4. Usable kitchens and bathrooms listing of any dwelling. such that a person in a wheelchair (5) For profit, induce or attempt to induce any can maneuver about the space. person to sell or not sell, or rent or not rent d. Compliance with the appropriate re- any dwelling by representations regarding quirements of the American National the entry or prospective entry into the Standards Institute for building and fa- neighborhood of a person protected by the cilities providing accessibility and us provisions of this article. ability for physically handicapped (c) Financing. It shall be unlawful and a dis- people, commonly cited as ANSI criminatory housing practice for any lending in- A117.1-1986, suffices to satisfy the re- stitution, to deny a loan or other financial assis- -� quirements of subsection(18)c.4.of this tance to an applicant thereof for the purpose of subsection. purchasing,constructing,improving,repairing or CD 70:8 HUMAN RIGHTS § 70-36 maintaining a dwelling,or to discriminate against Sec. 70-36. Exemptions and exceptions. him in the fixing of the amount, interest rate, duration,or other terms or conditions of such loan (a) Nothing in section 70-35 shall prohibit a re- or other financial assistance, because of the race, ligious organization,association,or society,or any color,national origin,religion,sex,familial status, nonprofit charitable or educational institution or or handicap of such person or of any person asso organization operated,supervised or controlled by ciated with him in connection with such loan or or in conjunction with a religious organization, other financial assistance, or the purposes of such association, or society, from limiting or from ad- loan or other assistance, or of the present or pro- spective owners, lessees, tenants or occupants of dwelling which it owns or operates for other than the dwelling in relation to which such loan or commercial purpose to persons of the same reli- other financial assistance is to be made or given; gion, or from giving preference to such persons, provided, that nothing contained in this subsec unless membership in such religion is restricted of the on account of race, color, or national origin. Nor tion shall impair the scope or effectiveness exceptions contained in section 70-36. shall anything in this section prohibit a private club not in fact open to the public, which as an (1) It is unlawful for any person or entity whose incident to its primary purpose or purposes pro- business includes engaging in residential vides lodgings which it owns or operates for other real estate transactions to discriminate than a commercial purpose, from limiting the against any person in making available rental or occupancy of such lodgings to its mem- such a transaction, or in the terms or con- bers or from giving preference to its members. ditions of such a transaction, because of race, color, national origin, sex, handicap, (b) Nothing in section 70-35, except subsection familial status, or religion. (a)(6), shall apply to: (2) As used in this subsection, the term resi- (1) Any single-family house sold or rented by dential real estate transaction means any its owner;provided,that such an individual of the following: owner does not own more than three such single-family houses at any one time; pro- a. The making or purchasing of loans or vided further,that in the case of the sale of providing other financial assistance: any such single-family house by a private individual owner not residing in such house 1. For purchasing, construction, im- at the time of such sale or who was not the proving,repairing,or maintaining a dwelling; or most recent resident of such house prior to 2. Secured by residential real estate. such sale, the exemption granted by this subsection shall apply only with respect to b. The selling, brokering, or appraising one such sale within any 24-month period; of residential real property. provided further, that such bona fide pri- (d) Brokerage services. It shall be unlawful and vate individual owner does not own any in a discriminatory housing practice to deny any terest in, nor is there owned or reserved on person access to or membership or participation his behalf, under any express or voluntary in any multiple listing service, real estate bro agreement, title to or any rights to all or a ker's organization or other service, organization, portion of the proceeds from the sale or or facility related to the business of selling, or rental of more than three such single fur- rentingdwellings,or to discriminate family houses at any one time;provided g , against such ther, that the owner sells or rents such person on the terms or conditions of such access, dwelling: membership or participation because of race,color, national origin, religion, sex, familial status, or a. Without the use,in any manner, of the handicap. sale or rental facilities or the sales and (Ord. No. 86-74, § 3; Ord. No. 86-89, § 3; Ord. No. rental services of any real estate 92-9, § 3) broker,agent,or salesperson,or of such CD70:9 § 70-36 COLLIER COUNTY CODE facilities or services of any person in facilities or sales or rental services in the business of selling or renting dwell- three or more transactions involving ings, or of any employee or agency of the sale or rental of any dwelling or any such broker,agent,salesperson,or any interest therein; person; and b. He has, within the preceding 12 b. Without the publication, posting or months, participated as agent, other mailing, after notice, of any advertise- than in the sale of his own personal ment or written notice in violation of residence, in providing sales or rental subsection 70-35(a)(6); facilities or sales or rental services in but nothing in this provision shall prohibit two or more transactions involving the the use of attorneys, escrow agents, ab sale or rental of any dwelling or any stracters, title companies, and other such interest therein; or professional assistance as necessary to per- c. He is the owner of any dwelling de- fect or transfer the title; or signed or intended for occupancy by, or occupied by, five or more families. (2) Rooms or units in dwellings containing living quarters occupied or intended to be (c) Nothing in section 70-35 shall be construed occupied by no more than four families to: living independently of each other, if the owner actually maintains and occupies one (1) Make it an unlawful act to require that a of such living quarters as his residence,pro- person have legal capacity to enter into a vided that the owner sells or rents such contract or lease. rooms or units: a. Without the use in any manner of the (2) Bar any person from advertising or from sales or rental facilities or the sales or refusing to sell or rent any dwelling which rental services of any real estate is planned exclusively for, and occupied ex- broker,agent,or salesperson,or of such clusively by, individuals of one sex, to any facilities or services of any person in individual of the opposite sex. the business of selling or renting dwell- ings, or of any employee or agency of (3) Bar any person from selling, renting or ad- any such broker,agent,salesperson,or vertising any dwelling which is planned ex- person; and clusively for, and occupied exclusively by, b. Without the publication, posting or unmarried individuals to unmarried indi- mailing, after notice, of any advertise- viduals only. ment or written notice in violation of subsection 70-35(a)(6); (4) Bar any person from refusing to sell or rent any dwelling to unmarried individuals co- but nothing in this provision shall prohibit habiting contrary to law. the use of attorneys,escrow agents,abstrac- tors, title companies, and other such pro- (5) Bar any person from refusing a loan or other fessional assistance as necessary to perfect financial assistance to any person whose or transfer the title. life expectancy, according to generally ac- (3) For the purpose of this subsection (b), a cepted mortality tables, is less than the person shall be deemed to be in the busi term for which the loan is requested. ness of selling or renting housing;f: (d) Nothing in section 70-35 requires any person . a. He has, within the preceding 12 renting or selling a dwelling constructed for first months,participated as principal,other occupancy before March 13, 1991,to modify,alter, than in the sale of his own personal or adjust the dwelling in order to provide physical residence, in providing sales or rental accessibility except as otherwise required by law. CD70:10 HUMAN RIGHTS § 70-36 (e) Any provision of section 70-35 regarding fa- meet the age requirements of this sub- milial status does not apply with respect to housing section. for older persons. (Ord. No. 86-74, § 4; Ord. No. 92-9, § 4) (1) As used in this subsection,the term "hous- ing for older persons" means housing: a. Provided under any state or federal pro- gram that the commission determines is specifically designed and operated to assist elderly persons,as defined in the state or federal program; b. Intended for, and solely occupied by, persons 62 years of age or older; or c. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the commission shall consider at least the following factors: 1. The existence of significant facili- ties and services specifically de- signed to meet the physical or so- cial needs of older persons, or if providing such facilities and ser- vices is not practicable, such housing is necessary to provide im- portant housing opportunities for older persons; 2. 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. (2) Housing shall not fail to be considered housing for older persons if: a. A person who resides in such housing on or after October 1, 1989, does not meet the age requirements of this sub- section, provided that any new occu- pant meets such age requirements; or b. One or more units are unoccupied,pro- vided that any unoccupied units are re- served for occupancy by persons who CD70:11 Chapters 71-73 RESERVED CD71:1