[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: 24CFR100.306]



[Page 678]

 

                 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]