[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: 24CFR100.304]



[Page 677]

 

                 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 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]