[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR100.303]

[Page 662]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table of Contents
 
                   Subpart E_Housing for Older Persons
 
Sec. 100.303  62 or over housing.

    (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:
    Example (1): John and Mary apply for housing at the Vista Heights 
apartment complex which is an elderly housing complex operated for 
persons 62 years of age or older. John is 62 years of age. Mary is 59 
years of age. If Vista Heights wishes to retain its ``62 or over'' 
exemption it must refuse to rent to John and Mary because Mary is under 
62 years of age. However, if Vista Heights does rent to John and Mary, 
it might qualify for the ``55 or over'' exemption in Sec. 100.304.
    Example (2): The Blueberry Hill retirement community has 100 
dwelling units. On September 13, 1988, 15 units were vacant and 35 units 
were occupied with at least one person who is under 62 years of age. The 
remaining 50 units were occupied by persons who were all 62 years of age 
or older. Blueberry Hill can qualify for the ``62 or over'' exemption as 
long as all units that were occupied after September 13, 1988 are 
occupied by persons who were 62 years of age or older. The people under 
62 in the 35 units previously described need not be required to leave 
for Blueberry Hill to qualify for the ``62 or over'' exemption.