Esta ley enmienda la Ley Núm. 213 de 29 de agosto de 2000 para clarificar la definición de "persona de edad avanzada" en el contexto de la reserva del cinco por ciento (5%) de unidades de vivienda asequible subsidiadas por el gobierno para personas con discapacidades o de edad avanzada. La enmienda cambia la definición de "persona mayor de sesenta (60) años" a "persona de sesenta (60) años o más" para asegurar que las personas que cumplen exactamente sesenta (60) años sean incluidas y puedan beneficiarse de la reserva de viviendas.
(Approved August 7, 2004)
To amend subsection
(b) of Section 1 of Act No. 213 of August 29, 2000, as amended, which requires developers of affordable housing units subsidized by the Government of the Commonwealth of Puerto Rico to reserve five percent (5%) of the total number of units to destine them to the persons with disabilities or the elderly, in order to replace in the definition for "Elderly Person" the term "a person over the age of sixty (60)" with "a person age sixty (60) or older," to prevent certain interpretations as to the application of the Act on this sector of the population.
Elderly persons, who in the past gave their all to give rise to the society in which we live today, are now deserted, forsaken and treated with indifference just for the fact of having reached an old age. They were the ones who yesterday forged our present with sacrifice, hard work, even through disease and tears. Elderly persons are the ones who put in the effort, perseverance and labor that built the present which we all now enjoy. They wish to be able to live their remaining years with dignity and respect.
Act No. 121 of July 12, 1986, as amended, known as the "Bill of Rights of Elderly Persons of Puerto Rico," provides in Section 3 for a number of rights, such as, for example, "Receive half-price admission (persons aged sixty (60) or more)..." Furthermore, Act No. 331 of September 2, 2000, as amended, Section 3, provides that "Vital Statistics Registrars are hereby
authorized to issue to any person age sixty (60) or older, birth, marriage, and death certificates or verifications free of charge."
Act No. 165 of August 23, 1996, as amended, known as the "Rental Housing Program for Low Income Elderly Persons," Section 2(a), defines an "elderly person" as follows: "refers to every person sixty (60) years or older, who does not own a house, and whose income is within the limits to participate in the program established through regulations by the Secretary of Housing, which shall be equal to or more liberal than but never more restrictive, the limits established by the Federal Government."
Act No. 40 of 1993, as amended, which regulates establishments or institutions engaged in the care of the aged or elderly persons, provides in its Section 3(o) that "aged or elderly persons shall be considered to be those age 60 or older."
As we can see, our body of laws recognizes the age of sixty (60) as the age in which our population enters the elderly stage. In other words, elderly persons are those who have reached the age of sixty (60), who might be excluded depending on the restrictive interpretation that may be made of Act No. 108, supra, when rights are recognized for "all persons over the age of sixty (60)."
At the federal level, the Older Citizen Act of 1965, as amended, establishes the public policy of the Government of the United States regarding the elderly. This Act binds the federal government, the states, political subdivisions and territories, including Puerto Rico (PL 100-175 of November 20, as amended, 42 USC § 3001 et seq.). Said legislation guarantees community and social services and benefits for persons age 60 or older, which include support services, nutrition, transportation, information,
referrals, placement, legal assistance, services at home, job opportunities, and protection from abuse and mistreatment (42 USC §1321).
Act No. 213 of August 29, 2000, as amended, requires developers of affordable housing projects subsidized by the Government of the Commonwealth of Puerto Rico to reserve in said projects five (5) percent of the total number of housing units to destine them to persons with disabilities or the elderly population. Section 1 of said Act sets forth the definitions for various terms, among these the term "elderly person." Said definition establishes that an "elderly person" is "any person over the age of sixty (60)."
The present legislation conforms to the intent of this Legislature of recognizing persons age sixty (60) or older as elderly persons, in order for them to be able to enjoy a number of rights. This legislation clarifies the scope of application of this Act by filling the juridical void that might exist, since the literal text of subsection
(b) of Section 1 of Act No. 213, supra, establishes the right only for persons over the age of sixty (60).
If we analyze this assertion and compare the juridical concepts "persons age sixty (60) or older" versus "persons over the age of sixty (60)" we can conclude that the literal interpretation of these concepts yields that under the concept "persons over the age of sixty (60)" could be excluding in fact those persons who have reached the age of sixty (60), since they are not "over the age of sixty (60)," for they are persons who have just reached the exact age of sixty (60). Even though we have no doubt that the legislative intent of this Legislature is for all persons age sixty (60) or older to be recognized as an Elderly Person able to fully enjoy and exercise their rights, we believe it to be pertinent to make it crystal clear, with the purpose of preventing future controversies, that this is the intent of this legislative body.
We are aware that it is the courts who are charged with interpreting the laws, but only when the Legislature has not assumed a dynamic position and becomes the agent in the clarification or dispelling of any doubt before there is the need for judicial intervention, or in its default, when there has been such judicial intervention.
Section 1.-Subsection
(b) of Section 1 of Act No. 213 of August 29, 2000, as amended, is hereby amended to read as follows: "Section 1.—Definitions.—
(a) $\ldots$
(b) Elderly person: Any person age sixty (60) or older.
(c) $\ldots$
(d) ..." Section 2.-This Act shall take effect immediately after its approval. However, a six (6)-month term as of the date of approval of this Act is hereby granted to make any amendment to existing regulations as necessary for the implementation thereof.
I hereby certify to the Secretary of State that the following Act No. 204 (S.B.1433) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(b) of Section 1 of Act No. 213 of August 29, 2000, as amended, which requires developers of affordable housing units subsidized by the Government of the Commonwealth of Puerto Rico to reserve five percent (5%) of the total number of units to destine them to the persons with disabilities or the elderly, in order to replace in the definition for "Elderly Person" the term "a person over the age of sixty (60)" with "a person age sixty (60) or older," to prevent certain interpretations as to the application of the Act on this sector of the population, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $19^{ ext {th }}$ of September of 2005.
Francisco J. Domenech Director