Article 4.16: Housing for Older Persons


ARTICLE 4 – RULES and REGULATIONS


Section 16:  Housing for Older Persons. Disclosure of qualified housing for older persons in the MLS database is mandatory. Any listing otherwise eligible for dissemination in the MLS database that is located within a community that is “qualified housing for older persons” under the Fair Housing Act, and thus may lawfully limit occupancy to such older persons (e.g. an "over- 55” or “over-62” community), must also include a statement specifically disclosing such restriction in any remarks section of the listing.

A.   When the listing Participant discloses that a property is qualified housing for older persons, then at the time the listing is loaded in the MLS database, the Participant must:

i.  Upload Affidavit or Display Renewal Date.

Affidavit:
  Immediately obtain and upload an executed copy of the approved “Housing for Older Persons Affidavit Verifying Occupancy and Qualification”.  The Affidavit must be signed and notarized by authorized parties of the qualified community or its legal counsel.

OR

ii.  Renewal Date:  Enter the Renewal Date as found on the Florida commission on Human Relations website (http://fchr.state.fl.us/55_communities__1) in the field provided in MLS.

B.   Select the appropriate age category ("55 and Over" or "62 and Over") under the “Housing for Older Persons” menu in the Listing Maintenance program.  The property may be described as being qualified housing for older persons in any of the “Remarks” sections (optional).  The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

C.   The Participant’s submission of a listing to the MLS database that is subject to a restriction on the age of the occupants of the property shall constitute the Participant’s commitment to defend, indemnify, and hold harmless the MLS against any claim that the MLS, by including such remarks, has violated any local, state, or federal laws that prohibit discrimination against families with children, or on the basis of age. The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

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