What Constitutes a "Senior Community?"
51.3. (a) The Legislature finds and declares that this section is essential to ~stablish
and preserve specially designed accessible housing for senior
citizens. There are senior citizens who need special living environments and
services, and find that there is an inadequate supply of this type of housing in
the state.
(b) For the purposes of this section, the following definitions apply:
(1) "Qualifying resident" or "senior citizen" means a person 62 years of age or
older, or 55 years of age or older in a senior citizen housing development.
(2) "Qualified permanent resident" means a person who meets both of the
following requirements:
(A) Was residing with the qualifying resident or senior citizen prior to the
death, hospitalization, or other prolonged absence of, or the dissolution of
marriage with, the qualifying resident or senior citizen.
(B) was 45 years of age or older, or was a spouse, cohabitant, or person
providing primary physical or economic support to the qualifying citizen.
(3) “Qualified permanent resident” also means a disabled person or person with a
disabling illness, or injury who is a child or grandchild of the senior citizen
or a qualified permanent resident as defined in paragraph (2) who needs to live
with the senior citizen or qualified permanent resident because of the disabling
condition, illness or injury. For purposes of this section, “disabled” means a
person who has a disability as defined in subdivision (b) of Section 54. A
“disabling injury or illness” which results in a condition meeting the
definition of disability set forth in subdivision (b) of Section 54.,
(A) For any person who is a qualified permanent resident under
this paragraph whose disabling condition ends, the owner, board of directors, or
other governing body may require the formerly disable? resident to cease
residing in the development upon receipt of six months' written notice;
provided, however, that the owner, board of directors, or other governing body
~ay allow the person to remain a resident for up to one year after the disabling
condition ends.
(B) The owner, board of directors, or other governing body of the senior citizen
housing development may take action to prohibit or terminate occupancy by a
person who is a qualified permanent resident under this paragraph if the owner,
board of directors, or other governing body finds, based on credible and
objective evidence, that the person is likely to pose a significant threat to
the health or safety of others that cannot be ameliorated by means of a
reasonable accommodation; provided, however, that the action to prohibit or
terminate the occupancy may be taken only after doing both of the following:
(i) Providing reasonable notice to and an opportunity to be heard for the
disabled person whose occupancy is being challenged, and reasonable notice to
the coresident parent or grandparent of that person.
(ii) Giving due consideration to the relevant, credible, and objective
information provided in the hearing. The evidence shall be taken and held in a
confidential manner, pursuant to a closed
session, by the owner, board of directors, or other governing body in order to
preserve the privacy of the affected persons.
The affected persons shall be entitled to have present at the hearing an
attorney or any other person authorized by them to speak on their behalf or to
assist them in the matter.
(4) "Senior citizen housing development" means a residential development
developed, substantially rehabilitated; or substantially renovated for, senior
citizens that has at least 35 dwelling units. Any senior citizen housing
development which is required to obtain a public report under Section 11010 of
the Business and Professions Code and which submits its application for a public
report after July 1, 2001, shall be required to have been issued a public report
as a
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