[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: 24CFR100.307]



[Page 678-679]

 

                 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.  100.307  Verification of occupancy.



    (a) In order for a housing facility or community to qualify as 

housing for persons 55 years of age or older, it must be able to 

produce, in response to a complaint filed under this title, verification 

of compliance with Sec.  100.305 through reliable surveys and 

affidavits.

    (b) A facility or community shall, within 180 days of the effective 

date of this rule, develop procedures for routinely determining the 

occupancy of each unit, including the identification of whether at least 

one occupant of each unit is 55 years of age or older. Such procedures 

may be part of a normal leasing or purchasing arrangement.

    (c) The procedures described in paragraph (b) of this section must 

provide for regular updates, through surveys or



[[Page 679]]



other means, of the initial information supplied by the occupants of the 

housing facility or community. Such updates must take place at least 

once every two years. A survey may include information regarding whether 

any units are occupied by persons described in paragraphs (e)(1), 

(e)(3), and (e)(4) of Sec.  100.305.

    (d) Any of the following documents are considered reliable 

documentation of the age of the occupants of the housing facility or 

community:

    (1) Driver's license;

    (2) Birth certificate;

    (3) Passport;

    (4) Immigration card;

    (5) Military identification;

    (6) Any other state, local, national, or international official 

documents containing a birth date of comparable reliability; or

    (7) A certification in a lease, application, affidavit, or other 

document signed by any member of the household age 18 or older asserting 

that at least one person in the unit is 55 years of age or older.

    (e) A facility or community shall consider any one of the forms of 

verification identified above as adequate for verification of age, 

provided that it contains specific information about current age or date 

of birth.

    (f) The housing facility or community must establish and maintain 

appropriate policies to require that occupants comply with the age 

verification procedures required by this section.

    (g) If the occupants of a particular dwelling unit refuse to comply 

with the age verification procedures, the housing facility or community 

may, if it has sufficient evidence, consider the unit to be occupied by 

at least one person 55 years of age or older. Such evidence may include:

    (1) Government records or documents, such as a local household 

census;

    (2) Prior forms or applications; or

    (3) A statement from an individual who has personal knowledge of the 

age of the occupants. The individual's statement must set forth the 

basis for such knowledge and be signed under the penalty of perjury.

    (h) Surveys and verification procedures which comply with the 

requirements of this section shall be admissible in administrative and 

judicial proceedings for the purpose of verifying occupancy.

    (i) A summary of occupancy surveys shall be available for inspection 

upon reasonable notice and request by any person.



(Approved by the Office of Management and Budget under control number 

2529-0046)



[64 FR 16330, Apr. 2, 1999]