Form 38 PDF Details

Housing developments that implement age restrictions operate within a specific legal framework designed to ensure compliance with the Fair Housing Act, thereby protecting against discrimination on the basis of age and familial status. Form 38 plays a crucial role in this process, serving as a declaration by housing developments or associations that they meet the criteria allowing for such restrictions. This form requires comprehensive information about the housing project or association, including its name and address, details about the borrower, loan number, and the lender. It stipulates that to not be considered discriminatory, a development must ensure that at least 80% of its occupied units are home to individuals who are 55 years of age or older. Additionally, these communities must not only adopt but also adhere to policies that underscore their commitment to serving this demographic. Verification of compliance is an essential part of Form 38, requiring housing facilities to present evidence through reliable surveys, affidavits, and published written policies and procedures. An official from the development or association must certify the accuracy of this information, agreeing to furnish detailed documentation upon request. Form 38's structure underscores the importance of a deliberate and documented approach to meeting the Fair Housing Act's requirements for age-restricted housing, facilitating a balance between legal compliance and the provision of targeted housing options.

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Form NameForm 38
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesform 38 download pdf, from 38, esancharan, form 38 online

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Housing Developments - Subject to Age Restrictions

Form 38

Project/Association Name

Project Address

Borrower(s)

Loan #

Lender

The Fair Housing Act prohibits housing discrimination on the basis of age and familial status, while allowing certain exemptions for older persons. Housing developments with age restrictions are not considered discriminatory if they comply with all of the following requirements.

At least 80% of the occupied units are occupied by persons 55 years of age or older, and

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent to provide housing to persons 55 years of age or older, and

The housing facility or community can provide documentation for verification of occupancy, by means of –

(a)provide for verification by reliable surveys and affidavits; and

(b)include examples of published written policies and procedures for determination of compliance with the Act.

I certify, for the above referenced housing development/association, that all of the preceding statements are true and correct. Upon demand, the development/association will provide the necessary documentation.

Development/Association Official Signature

Date

 

 

Print Name and Title

Telephone Number

Effective Date: October 2004

Form 38 - Page 1

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