[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: 24CFR100.304]

[Page 662-663]
 
                 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. 100.304  Housing for persons who are 55 years of age or older.

    (a) The provisions regarding familial status in this part shall not 
apply to

[[Page 663]]

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]