[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR100.303]



[Page 676]

 

                 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.



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