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PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT›Subpart E—Housing for Older Persons

§ 100.303 62 or over housing.

24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Housing Act · 2026 edition · updated 2026-07-29 · United States

(a) The provisions regarding familial status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:

(1) There are persons residing in such housing on September 13, 1988 who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;

(2) There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over;

(3) There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

(b) The following examples illustrate the application of paragraph (a) of this section:

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▸ Contents — 24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Housing Act
24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Housing Act
  1. 24 C.F.R. Part 100 — Discriminatory Conduct Under the Fair Hou…
  2. ▸ PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT
    Overview
    1. Subpart A—General
    2. Subpart B—Discriminatory Housing Practices
    3. Subpart C—Discrimination in Residential Real Estate-Related Tr…
    4. Subpart D—Prohibition Against Discrimination Because of Handicap
    5. ▸ Subpart E—Housing for Older Persons
      Overview
      1. § 100.300 Purpose.
      2. § 100.301 Exemption.
      3. § 100.302 State and Federal elderly housing programs.
      4. § 100.303 62 or over housing.
      5. § 100.304 Housing for persons who are 55 years of age or older.
      6. § 100.305 80 percent occupancy.
      7. § 100.306 Intent to operate as housing designed for persons wh…
      8. § 100.307 Verification of occupancy.
      9. § 100.308 Good faith defense against civil money damages.
    6. Subpart F—Interference, Coercion or Intimidation
    7. Subpart G—Discriminatory Effect
    8. Subpart H— Quid Pro Quo and Hostile Environment Harassment

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