[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: 24CFR100.306]

[Page 664]
 
                 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. 100.306  Intent to operate as housing designed for persons who 
are 55 years of age or older.

    (a) In order for a housing facility or community to qualify as 
housing designed for persons who are 55 years of age or older, it must 
publish and adhere to policies and procedures that demonstrate its 
intent to operate as housing for persons 55 years of age or older. The 
following factors, among others, are considered relevant in determining 
whether the housing facility or community has complied with this 
requirement:
    (1) The manner in which the housing facility or community is 
described to prospective residents;
    (2) Any advertising designed to attract prospective residents;
    (3) Lease provisions;
    (4) Written rules, regulations, covenants, deed or other 
restrictions;
    (5) The maintenance and consistent application of relevant 
procedures;
    (6) Actual practices of the housing facility or community; and
    (7) Public posting in common areas of statements describing the 
facility or community as housing for persons 55 years of age or older.
    (b) Phrases such as ``adult living'', ``adult community'', or 
similar statements in any written advertisement or prospectus are not 
consistent with the intent that the housing facility or community 
intends to operate as housing for persons 55 years of age or older.
    (c) If there is language in deed or other community or facility 
documents which is inconsistent with the intent to provide housing for 
persons who are 55 years of age or older housing, HUD shall consider 
documented evidence of a good faith attempt to remove such language in 
determining whether the housing facility or community complies with the 
requirements of this section in conjunction with other evidence of 
intent.
    (d) A housing facility or community may allow occupancy by families 
with children as long as it meets the requirements of Sec. Sec. 100.305 
and 100.306(a).

(Approved by the Office of Management and Budget under control number 
2529-0046)

[64 FR 16330, Apr. 2, 1999]