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

§ 100.304 Housing for persons who are 55 years of age or older.

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 and operated for persons 55 years of age or older. Housing qualifies for this exemption if:

(1) The alleged violation occurred before December 28, 1995 and the housing community or facility complied with the HUD regulations in effect at the time of the alleged violation; or

(2) The alleged violation occurred on or after December 28, 1995 and the housing community or facility complies with:

(i) Section 807(b)(2)(C) (42 U.S.C. 3607(b)) of the Fair Housing Act as amended; and

(ii) 24 CFR 100.305, 100.306, and 100.307.

(b) For purposes of this subpart, housing facility or community means any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions. A portion or portions of a single building shall not constitute a housing facility or community. Examples of a housing facility or community include, but are not limited to:

(1) A condominium association;

(2) A cooperative;

(3) A property governed by a homeowners' or resident association;

(4) A municipally zoned area;

(5) A leased property under common private ownership;

(6) A mobile home park; and

(7) A manufactured housing community.

(c) For purposes of this subpart, older person means a person 55 years of age or older.

[64 FR 16329, Apr. 2, 1999]

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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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