How the housing-for-older-persons exemption works: 24 CFR part 100, subpart E, quoted whole
Nine sections of one HUD regulation, quoted from eCFR with the date we read them, and the definition of "familial status" the exemption turns on. The explanation between the quotes is ours. General information, not legal advice.
Published September 16, 2026
A buyer with two children is looking at a condominium in a community that describes itself as 55 and over, and asks whether the family is allowed to live there. A listing for a unit in an age-restricted community is being drafted and the seller wants the words "adult community" in it. A seller says the homeowners' association is 55-plus and the agent has nothing in writing that says so. A buyer who is 52 wants to buy in a community described as 55 and over. Each of those is a question about a federal exemption, and each runs into words this page prints in full.
The exemption is in the Fair Housing Act, at 42 U.S.C. §3607(b), and the Department of Housing and Urban Development's regulation on it is 24 C.F.R. part 100, subpart E: nine sections, §100.300 through §100.308. Every paragraph of every one of them is quoted below. The 80 percent count is section 4, the sentence about families with children is section 5, and the good-faith defense, written for a natural person rather than for the community, is section 7; a reader who only wants to know where a question lands can go straight to "Where each of the opening situations lands in the text", after section 7. The statute itself is named where the regulation names it and is not quoted here; the regulation is the whole of what this page reads.
1. The exemption in one sentence, the one basis it names, and the definition that basis carries
Subpart E opens with a purpose sentence, §100.300, and then states the exemption in §100.301(a), both quoted below. The exemption is one sentence: the provisions regarding familial status in the part do not apply to housing which satisfies the requirements of §100.302, §100.303 or §100.304. Two things are in its words. It names one basis — familial status — and no other; race, color, religion, sex, handicap and national origin do not appear in the sentence. And it is keyed to housing that "satisfies the requirements" of one of three sections, so the exemption is only as wide as those three sections make it. All three are quoted in the next two sections of this page.
"Familial status" is defined in §100.20, in subpart A of the same part, and the definition is quoted below whole: one or more individuals who have not attained the age of 18 years, domiciled with a parent or another person having legal custody, or with that person's designee with written permission; and closing text extending the protections to any person who is pregnant or in the process of securing legal custody of a minor. The provisions §100.301(a) lifts are the ones written around that definition.
§100.301(b) speaks to something the exemption does not touch: nothing in the part limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. This page names no such restriction and does not say what any of them provides.
What the regulation says
“The purpose of this subpart is to effectuate the exemption in the Fair Housing Amendments Act of 1988 that relates to housing for older persons.”
— 24 CFR §100.300, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.300, read September 16, 2026
“The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of § 100.302, § 100.303 or § 100.304.”
— 24 CFR §100.301(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.301, read September 16, 2026
“Nothing in this part limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.”
— 24 CFR §100.301(b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.301, read September 16, 2026
“Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with—”
— 24 CFR §100.20, "Familial status", www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-A/section-100.20, read September 16, 2026
“A parent or another person having legal custody of such individual or individuals; or”
— 24 CFR §100.20, "Familial status" (a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-A/section-100.20, read September 16, 2026
“The designee of such parent or other person having such custody, with the written permission of such parent or other person.”
— 24 CFR §100.20, "Familial status" (b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-A/section-100.20, read September 16, 2026
“The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.”
— 24 CFR §100.20, "Familial status", closing text, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-A/section-100.20, read September 16, 2026
What §100.301(a) lifts
“The provisions regarding familial status in this part”
One basis, named. The §100.20 definition it carries is quoted above.
What §100.301(b) leaves alone
“any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling”
Nothing in the part limits their applicability. This page names none of them.
2. Two of the three kinds of housing: a government elderly program, and 62 or over
§100.302 is the first of the three sections §100.301(a) names, and it is one sentence: the familial status provisions do not apply to housing provided under any Federal or State program that the Secretary determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program. Three features are in the sentence — a program, a determination by the Secretary, and a definition of "elderly persons" that belongs to the program rather than to this subpart. This page names no program.
§100.303 is the second. Its opening sentence is written "intended for, and solely occupied by, persons 62 years of age or older" — two conditions joined by "and", and the second of them uses the word "solely". The section then lists three circumstances in which, in its words, housing "satisfies the requirements of this section even though": persons already residing there on September 13, 1988 who are under 62, provided all new occupants are 62 or older; unoccupied units, provided they are reserved for occupancy by persons 62 or over; and units occupied by employees of the housing, and family members in the same unit, who are under 62, provided the employees perform substantial duties directly related to the management or maintenance of the housing.
Paragraph (b) of §100.303 is two examples written by HUD, and both are quoted as printed. The names in them — John and Mary, Vista Heights, Blueberry Hill — are HUD's hypotheticals, not anyone's transaction. Example (1) shows what "solely occupied" does when one of two applicants is 59, and ends by saying the housing "might qualify" under the 55-or-over section instead. Example (2) shows what the September 13, 1988 sentence does for a community that had under-62 occupants on that date.
What the regulation says
“The provisions regarding familial status in this part shall not apply to housing provided under any Federal or State program that the Secretary determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program.”
— 24 CFR §100.302, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.302, read September 16, 2026
“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:”
— 24 CFR §100.303(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
“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;”
— 24 CFR §100.303(a)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
“There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over;”
— 24 CFR §100.303(a)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
“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.”
— 24 CFR §100.303(a)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
“The following examples illustrate the application of paragraph (a) of this section:”
— 24 CFR §100.303(b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
“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 § 100.304.”
— 24 CFR §100.303(b), Example (1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
“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.”
— 24 CFR §100.303(b), Example (2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
- §100.302“housing provided under any Federal or State program that the Secretary determines is specifically designed and operated to assist elderly persons”One sentence: a program, a determination by the Secretary, and a definition of “elderly persons” that belongs to the program — “as defined in the State or Federal program”.
- §100.303“intended for, and solely occupied by, persons 62 years of age or older”Three circumstances in (a)(1)–(3) in which housing “satisfies the requirements of this section even though”: occupants already residing on September 13, 1988; unoccupied units reserved for 62 or over; employee units with substantial duties directly related to management or maintenance.
- §100.304“intended and operated for persons 55 years of age or older”Qualifies, for an alleged violation on or after December 28, 1995, by complying with §3607(b)(2)(C) of the Act — named on this page, not quoted — and with §§100.305, 100.306 and 100.307, quoted whole below.
3. The third kind: 55 or over, the four references its test runs through, and what a "housing facility or community" is
§100.304 is the 55-or-over section, and its opening words differ from §100.303's: "intended and operated for persons 55 years of age or older", with no "solely". Paragraph (a) then says when housing qualifies, and it splits on a date. For an alleged violation before December 28, 1995, the housing qualifies if it complied with the HUD regulations in effect at the time. For an alleged violation on or after that date, it qualifies if it complies with two things: "Section 807(b)(2)(C) (42 U.S.C. 3607(b)) of the Fair Housing Act as amended", and 24 CFR 100.305, 100.306 and 100.307.
So for a current claim the test runs through four references — one statutory, three regulatory. The three regulatory sections are quoted whole in the next three sections of this page. The statutory paragraph is named here because the regulation names it, and it is not quoted: this page reads the regulation only, and it does not say what §3607(b)(2)(C) requires beyond the fact, in §100.304(a)(2)(i)'s own words, that compliance with it is part of the test.
Paragraph (b) defines "housing facility or community" for the whole subpart, and the definition is drawn by a common set of rules: any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions. Its second sentence is a limit: a portion or portions of a single building shall not constitute a housing facility or community. Seven examples follow, introduced with "include, but are not limited to": a condominium association, a cooperative, a property governed by a homeowners' or resident association, a municipally zoned area, a leased property under common private ownership, a mobile home park, and a manufactured housing community. Paragraph (c) defines "older person" as a person 55 years of age or older.
What the regulation says
“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:”
— 24 CFR §100.304(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“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”
— 24 CFR §100.304(a)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“The alleged violation occurred on or after December 28, 1995 and the housing community or facility complies with:”
— 24 CFR §100.304(a)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“Section 807(b)(2)(C) (42 U.S.C. 3607(b)) of the Fair Housing Act as amended; and”
— 24 CFR §100.304(a)(2)(i), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“24 CFR 100.305, 100.306, and 100.307.”
— 24 CFR §100.304(a)(2)(ii), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“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:”
— 24 CFR §100.304(b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A condominium association;”
— 24 CFR §100.304(b)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A cooperative;”
— 24 CFR §100.304(b)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A property governed by a homeowners' or resident association;”
— 24 CFR §100.304(b)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A municipally zoned area;”
— 24 CFR §100.304(b)(4), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A leased property under common private ownership;”
— 24 CFR §100.304(b)(5), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A mobile home park; and”
— 24 CFR §100.304(b)(6), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“A manufactured housing community.”
— 24 CFR §100.304(b)(7), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“For purposes of this subpart, older person means a person 55 years of age or older.”
— 24 CFR §100.304(c), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
“housing facility or community” — §100.304(b)
“any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions”
The limit, in the next sentence: “A portion or portions of a single building shall not constitute a housing facility or community.”
§100.304(c): “older person means a person 55 years of age or older.”
The seven examples in (b)(1)–(7)
- a condominium association
- a cooperative
- a property governed by a homeowners’ or resident association
- a municipally zoned area
- a leased property under common private ownership
- a mobile home park
- a manufactured housing community
4. The 80 percent rule: what is counted, on what date, and the eight paragraphs that qualify it
§100.305 has eight paragraphs, (a) through (h), and all eight are quoted below. Paragraph (a) is the rule: at least 80 percent of a community's occupied units must be occupied by at least one person 55 years of age or older. Two words in it carry the arithmetic. The count is of OCCUPIED units, not of all units; and a unit counts when AT LEAST ONE of its occupants is 55 or older, not when every occupant is.
Paragraphs (b) and (c) define both halves of that sentence, and both are fixed to the same moment — (b) says "on the date that the exemption is claimed", (c) "on the date the exemption for housing designed for persons who are 55 years of age or older is claimed". An occupied unit is one actually occupied by one or more persons on that date, or a temporarily vacant unit whose primary occupant has resided there during the past year and intends to return on a periodic basis. A unit is occupied by at least one person 55 or older if, on that date, at least one occupant is 55 or older, or, if the unit is temporarily vacant, at least one of the occupants immediately before it was vacated was.
Paragraph (d) speaks to newly constructed housing for first occupancy after March 12, 1989: it need not comply with the section until at least 25 percent of the units are occupied, and the paragraph folds in a community wholly unoccupied for at least 90 days before re-occupancy due to renovation or rehabilitation. Paragraph (e) lists five circumstances in which housing satisfies the section anyway: the September 13, 1988 sentence, in the same shape as §100.303(a)(1); unoccupied units; employee units, on a substantial-duties condition worded like §100.303(a)(3)'s but without its "directly"; units occupied by persons necessary to provide a reasonable accommodation to disabled residents as required by §100.204, which is named there and not quoted on this page; and a fifth, (e)(5), written "for a period expiring one year from the effective date of this final regulation", with two conditions of its own. This page quotes (e)(5) as printed, does not state that effective date, and does not say whether the period has run. Paragraph (f) attaches to (e)(5): during that transition a community may not evict, refuse to renew leases, or otherwise penalize families with children in order to reach 80 percent.
Paragraph (g) is about rounding: where application of the 80 percent rule results in a fraction of a unit, that unit is considered included in the units that must be occupied by at least one person 55 or older. Paragraph (h) is the sentence about the remainder: each community may determine the age restriction, "if any", for units that are not occupied by at least one person 55 or older, so long as it complies with §100.306. The paragraph does not require the remaining units to be occupied by anyone in particular and does not forbid an age restriction on them; it leaves the restriction, if there is one, to the community, subject to the next section.
What the regulation says
“In order for a housing facility or community to qualify as housing for older persons under § 100.304, at least 80 percent of its occupied units must be occupied by at least one person 55 years of age or older.”
— 24 CFR §100.305(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“For purposes of this subpart, occupied unit means:”
— 24 CFR §100.305(b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“A dwelling unit that is actually occupied by one or more persons on the date that the exemption is claimed; or”
— 24 CFR §100.305(b)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.”
— 24 CFR §100.305(b)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“For purposes of this subpart, occupied by at least one person 55 years of age or older means that on the date the exemption for housing designed for persons who are 55 years of age or older is claimed:”
— 24 CFR §100.305(c), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“At least one occupant of the dwelling unit is 55 years of age or older; or”
— 24 CFR §100.305(c)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacated was 55 years of age or older.”
— 24 CFR §100.305(c)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“Newly constructed housing for first occupancy after March 12, 1989 need not comply with the requirements of this section until at least 25 percent of the units are occupied. For purposes of this section, newly constructed housing includes a facility or community that has been wholly unoccupied for at least 90 days prior to re-occupancy due to renovation or rehabilitation.”
— 24 CFR §100.305(d), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“Housing satisfies the requirements of this section even though:”
— 24 CFR §100.305(e), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“On September 13, 1988, under 80 percent of the occupied units in the housing facility or community were occupied by at least one person 55 years of age or older, provided that at least 80 percent of the units occupied by new occupants after September 13, 1988 are occupied by at least one person 55 years of age or older.”
— 24 CFR §100.305(e)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“There are unoccupied units, provided that at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.”
— 24 CFR §100.305(e)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“There are units occupied by employees of the housing facility or community (and family members residing in the same unit) who are under 55 years of age, provided the employees perform substantial duties related to the management or maintenance of the facility or community.”
— 24 CFR §100.305(e)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents as required by § 100.204 and who are under the age of 55.”
— 24 CFR §100.305(e)(4), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“For a period expiring one year from the effective date of this final regulation, there are insufficient units occupied by at least one person 55 years of age or older, but the housing facility or community, at the time the exemption is asserted:”
— 24 CFR §100.305(e)(5), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“Has reserved all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80 percent of the units are occupied by at least one person who is 55 years of age or older; and”
— 24 CFR §100.305(e)(5)(i), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“Meets the requirements of §§ 100.304, 100.306, and 100.307.”
— 24 CFR §100.305(e)(5)(ii), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“For purposes of the transition provision described in § 100.305(e)(5), a housing facility or community may not evict, refuse to renew leases, or otherwise penalize families with children who reside in the facility or community in order to achieve occupancy of at least 80 percent of the occupied units by at least one person 55 years of age or older.”
— 24 CFR §100.305(f), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“Where application of the 80 percent rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years of age or older.”
— 24 CFR §100.305(g), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
“Each housing facility or community may determine the age restriction, if any, for units that are not occupied by at least one person 55 years of age or older, so long as the housing facility or community complies with the provisions of § 100.306.”
— 24 CFR §100.305(h), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
§100.305(a) — the count
“at least 80 percent of its occupied units must be occupied by at least one person 55 years of age or older”
Occupied units, not all units. One occupant aged 55 or older is enough for a unit to count. Both terms are defined in the paragraphs beneath, and both definitions are anchored to the date the exemption is claimed.
- “occupied unit” — (b)actually occupied by one or more persons on the date the exemption is claimed; or temporarily vacant, if the primary occupant has resided there during the past year and intends to return on a periodic basis
- “occupied by at least one person 55 years of age or older” — (c)on the date the exemption is claimed, at least one occupant is 55 or older; or, if the unit is temporarily vacant, at least one of the occupants immediately before it was vacated was
§100.305(h) — the remaining units
“Each housing facility or community may determine the age restriction, if any, for units that are not occupied by at least one person 55 years of age or older, so long as the housing facility or community complies with the provisions of § 100.306.”
5. Intent to operate as 55-or-over housing: seven factors, two phrases, and families with children
§100.306 has four paragraphs and all four are quoted below. Paragraph (a) requires a community to publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 or older, and then lists seven factors "among others" that are considered relevant: how the community is described to prospective residents; any advertising designed to attract them; lease provisions; written rules, regulations, covenants, deed or other restrictions; the maintenance and consistent application of relevant procedures; the community's actual practices; and public posting in common areas of statements describing it as housing for persons 55 or older. The first two factors are about what is said to the public, which is why a listing runs into this section.
Paragraph (b) is the one sentence in the subpart that names words: phrases such as "adult living", "adult community", or similar statements in any written advertisement or prospectus are not consistent with the intent the section requires. It names what is not consistent; it does not say what wording is. It bears on whether the community qualifies; it is not a rule about the advertisement itself: whether words in an advertisement for a dwelling are prohibited is a different question, under 42 U.S.C. §3604(c) and 24 CFR §100.75, neither of which this page quotes — the Fair Housing advertising article in this corpus quotes both whole. Paragraph (c) speaks to deed or other community documents whose language is inconsistent with the intent, and says HUD shall consider documented evidence of a good faith attempt to remove such language, in conjunction with other evidence of intent.
Paragraph (d) is the one a reader who assumes "55 and over" means "no children" runs into: a housing facility or community may allow occupancy by families with children as long as it meets the requirements of §100.305 and §100.306(a).
What the regulation says
“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:”
— 24 CFR §100.306(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“The manner in which the housing facility or community is described to prospective residents;”
— 24 CFR §100.306(a)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“Any advertising designed to attract prospective residents;”
— 24 CFR §100.306(a)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“Lease provisions;”
— 24 CFR §100.306(a)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“Written rules, regulations, covenants, deed or other restrictions;”
— 24 CFR §100.306(a)(4), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“The maintenance and consistent application of relevant procedures;”
— 24 CFR §100.306(a)(5), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“Actual practices of the housing facility or community; and”
— 24 CFR §100.306(a)(6), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.”
— 24 CFR §100.306(a)(7), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“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.”
— 24 CFR §100.306(b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“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.”
— 24 CFR §100.306(c), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
“A housing facility or community may allow occupancy by families with children as long as it meets the requirements of §§ 100.305 and 100.306(a).”
— 24 CFR §100.306(d), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
§100.306(a) — seven factors “considered relevant”
- the manner in which the community is described to prospective residents
- any advertising designed to attract prospective residents
- lease provisions
- written rules, regulations, covenants, deed or other restrictions
- the maintenance and consistent application of relevant procedures
- actual practices of the community
- public posting in common areas of statements describing it as housing for persons 55 or older
§100.306(b) — two phrases “not consistent with the intent”
- “adult living”
- “adult community”
“or similar statements in any written advertisement or prospectus”.
§100.306(d) — families with children
“A housing facility or community may allow occupancy by families with children as long as it meets the requirements of §§ 100.305 and 100.306(a).”
6. Verification of occupancy: what a community has to be able to produce, and the documents that count
§100.307 has nine paragraphs, (a) through (i), and all nine are quoted below. Paragraph (a) sets the obligation in terms of a complaint: to qualify, a community must be able to produce, in response to a complaint filed under this title, verification of compliance with §100.305 through reliable surveys and affidavits. Paragraph (b) requires procedures for routinely determining the occupancy of each unit, including whether at least one occupant is 55 or older, and says those procedures may be part of a normal leasing or purchasing arrangement — the word "purchasing" is in the text. It is written "within 180 days of the effective date of this rule"; this page does not state that date. Paragraph (c) requires regular updates, at least once every two years.
Paragraph (d) lists seven documents considered reliable documentation of an occupant's age. Six are official documents; the seventh, (d)(7), is a certification in a lease, application, affidavit or other document signed by any household member aged 18 or older asserting that at least one person in the unit is 55 or older — a self-certification, and the one item on the list a household member signs rather than produces. Paragraph (e) says any one of the seven is adequate provided it contains specific information about current age or date of birth. Paragraph (f) requires policies that require occupants to comply.
Paragraph (g) is the refusal case: if a unit's occupants refuse to comply, the community may, if it has sufficient evidence, consider the unit occupied by at least one person 55 or older, and it lists three kinds of evidence, the third of which is a statement signed under the penalty of perjury. Paragraph (h) makes complying surveys and procedures admissible in administrative and judicial proceedings for the purpose of verifying occupancy. Paragraph (i) is addressed to "any person": a summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.
What the regulation says
“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 § 100.305 through reliable surveys and affidavits.”
— 24 CFR §100.307(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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.”
— 24 CFR §100.307(b), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“The procedures described in paragraph (b) of this section must provide for regular updates, through surveys or 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 § 100.305.”
— 24 CFR §100.307(c), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community:”
— 24 CFR §100.307(d), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Driver's license;”
— 24 CFR §100.307(d)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Birth certificate;”
— 24 CFR §100.307(d)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Passport;”
— 24 CFR §100.307(d)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Immigration card;”
— 24 CFR §100.307(d)(4), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Military identification;”
— 24 CFR §100.307(d)(5), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Any other state, local, national, or international official documents containing a birth date of comparable reliability; or”
— 24 CFR §100.307(d)(6), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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.”
— 24 CFR §100.307(d)(7), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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.”
— 24 CFR §100.307(e), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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.”
— 24 CFR §100.307(f), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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:”
— 24 CFR §100.307(g), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Government records or documents, such as a local household census;”
— 24 CFR §100.307(g)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“Prior forms or applications; or”
— 24 CFR §100.307(g)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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.”
— 24 CFR §100.307(g)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“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.”
— 24 CFR §100.307(h), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
“A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.”
— 24 CFR §100.307(i), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
§100.307(d) — seven documents “considered reliable”
- driver’s license
- birth certificate
- passport
- immigration card
- military identification
- any other official document with a birth date of comparable reliability
- a certification signed by a household member aged 18 or older
(e): any one is adequate, provided it contains specific information about current age or date of birth.
(a), (b) and (c) — the procedures
Verification produced “in response to a complaint filed under this title”; procedures for routinely determining each unit’s occupancy, which “may be part of a normal leasing or purchasing arrangement”; updates “at least once every two years”.
(i) — written for “any person”
“A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.”
7. The good-faith defense: who it is written for, what it covers, and the two conditions on it
§100.308 is the last section of the subpart and the one written about a natural person rather than about the community. Paragraph (a) says a person shall not be held personally liable for monetary damages for discriminating on the basis of familial status if the person acted with the good faith belief that the community qualified for a housing for older persons exemption under the subpart. Two limits are in the sentence. It speaks to "monetary damages" and to nothing else, and this page does not say what else may follow from a violation. And it speaks to "a person", which (b)(4) defines for this section as a natural person.
Paragraph (b) then puts two conditions on the defense and one bar. The conditions, in (b)(1) and (b)(2): the person must have actual knowledge that the community has, through an authorized representative, asserted in writing that it qualifies; and, before the date on which the discrimination is claimed to have occurred, the community must have certified to that person, in writing and under oath or affirmation, that it complies with the requirements for the exemption as housing for persons 55 years of age or older. (b)(3) defines "authorized representative" as the individual, committee, management company, owner or other entity having responsibility for adherence to the subpart's requirements. The bar, in (b)(5): a person with actual knowledge that the community does not, or will not, qualify is not entitled to the defense, regardless of whether the written assurance was received.
Paragraph (a) is written "a housing for older persons exemption under this subpart"; (b)(2) is written "as housing for persons 55 years of age or older". The page prints both phrasings and does not say how they fit together. Nothing on this page says whether any document is the certification (b)(2) describes, whether any person had the knowledge (b)(1) or (b)(5) speak of, or whether the defense is available to anyone in particular.
What the regulation says
“A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good faith belief that the housing facility or community qualified for a housing for older persons exemption under this subpart.”
— 24 CFR §100.308(a), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026
“A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption.”
— 24 CFR §100.308(b)(1), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026
“Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must certify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons 55 years of age or older in order for such person to claim the defense.”
— 24 CFR §100.308(b)(2), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026
“For purposes of this section, an authorized representative of a housing facility or community means the individual, committee, management company, owner, or other entity having the responsibility for adherence to the requirements established by this subpart.”
— 24 CFR §100.308(b)(3), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026
“For purposes of this section, a person means a natural person.”
— 24 CFR §100.308(b)(4), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026
“A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons 55 years of age or older. Such a person will be ineligible for the good faith defense regardless of whether the person received the written assurance described in paragraph (b) of this section.”
— 24 CFR §100.308(b)(5), www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026
§100.308(a) — who, and against what
“A person” — which (b)(4) defines for this section as “a natural person” — “shall not be held personally liable for monetary damages” for familial-status discrimination, if the person acted with the good faith belief that the community qualified for “a housing for older persons exemption under this subpart”.
Two conditions, and one bar
- (b)(1)actual knowledge that the community has, through an authorized representative, asserted in writing that it qualifies
- (b)(2)before the date of the claimed discrimination, a certification to that person, in writing and under oath or affirmation, that the community complies with the requirements for the exemption as housing for persons 55 years of age or older
(b)(5), the bar: actual knowledge that the community “does not, or will not, qualify” removes the defense “regardless of whether the person received the written assurance”.
Where each of the opening situations lands in the text
This page opened with four situations. The figure below names the paragraphs each one runs into, so the reading starts in the right place instead of at a search result. None of the rows is a verdict; each stops at the words.
The situation, and the paragraphs it runs into
- The buyer with two children looking at a unit in a community described as 55 and over§100.301(a) (what is lifted, and from whom — the §100.20 definition), then §100.304(a) (the four references the 55-or-over test runs through), then §100.305(a) and (h) (the count, and the remaining units), then §100.306(d) (families with children)
- The listing for a unit in an age-restricted community that the seller wants to call an “adult community”§100.306(a)(1) and (2) (how the community is described, and its advertising, as factors of intent) and §100.306(b) (the two phrases named as not consistent) — all three about whether the community qualifies; the rule on the words of an advertisement itself is §3604(c) and §100.75, quoted on the Fair Housing advertising page, not here
- The seller who says the association is 55-plus, with nothing in writing§100.307(a), (b) and (i) (what a community has to be able to produce, and the summary available to any person), then §100.308(b)(1) and (2) (the written assertion and the certification under oath the defense turns on) and (b)(5)
- The buyer who is 52 looking at a unit in a community described as 55 and over§100.301(a) and the §100.20 definition (the one basis the exemption speaks to), then §100.305(a) (a count of occupied units, each counting when at least one occupant is 55 or older), (b) and (c) (what is counted, on the date the exemption is claimed), then §100.305(h) (the age restriction on the remaining units, “if any”, is the community’s to determine, subject to §100.306)
Checking the quotes, and what they do not cover
Subpart E of 24 C.F.R. part 100 runs from §100.300 to §100.308. This page quotes every paragraph of every one of those nine sections, including HUD's two examples in §100.303(b), and quotes the definition of "familial status" from §100.20 — chapeau, (a), (b) and closing text. Eighty-four quotations in all. The statute the regulation implements, the one other section of part 100 the subpart names, §100.204, and the two advertising provisions section 5 points to are named in the figure below and quoted nowhere on this page.
Every quote comes from eCFR's current text of the part, read section by section, and eCFR states an "as of" date for the whole title which is printed beside each entry in the source list below. Each quote also carries the date it was loaded.
Real Deal Pro, Inc. is a software company. It is not a housing provider, not a real estate brokerage, not a homeowners' association and not a law firm. The gap between "the regulation says this" and "so this community qualifies" or "so this agent has the defense" is exactly the gap a lawyer is for.
Named on this page, quoted nowhere on it
- 42 U.S.C. §3607(b), the statute the subpart implementsNamed by §100.304(a)(2)(i) inside a quotation printed above, and by §100.300 as “the exemption in the Fair Housing Amendments Act of 1988”. Not quoted here, and nothing on this page says what §3607(b)(2)(C) requires
- 24 CFR §100.204Pointed at by §100.305(e)(4) inside a quotation printed above, for reasonable accommodation. Not quoted here
- 42 U.S.C. §3604(c) and 24 CFR §100.75Named in section 5 as the rule on the words of an advertisement itself. Not quoted here; both are quoted whole on the Fair Housing advertising page
- The rest of 24 CFR part 100Every other subpart of part 100, and every definition in §100.20 other than “familial status”. Named as a locator; nothing here says what any of it provides
- The effective dates in §100.305(e)(5) and §100.307(b)Both paragraphs are quoted as printed. This page does not state the date either refers to and does not say whether either period has run
- HUD guidance, notices, decisions and the Federal Register preamblesNone is quoted or described. The source notes eCFR prints beneath §§100.304–100.308 are citations, not regulatory text, and are not quoted
- State and local law§100.301(b) speaks to “reasonable local, State, or Federal restrictions regarding the maximum number of occupants”. This page names no state’s or locality’s law, quotes none and describes none
Try it before you decide
The Free plan is a live product tier, not a countdown: up to 3 active deals and 100 clients, with contract generation and e-signatures included. No credit card.
Free plan · No credit card required · Upgrade anytime · Set up in 5 minutes
Wrapping up
The exemption at the centre of this page is one sentence of a HUD regulation, and it lifts the familial status provisions of part 100 — and only those — from housing that satisfies one of three sections: a government elderly-housing program, housing intended for and solely occupied by persons 62 or older, or housing intended and operated for persons 55 or older. The third route runs through a statutory paragraph this page names and three regulatory sections it quotes whole: the 80 percent count of occupied units on the date the exemption is claimed, the published and adhered-to intent with its seven factors, and the verification procedures with their seven documents.
The subpart ends with a defense written for a natural person rather than for the community, against monetary damages, on two conditions — actual knowledge of a written assertion, and a prior certification in writing under oath or affirmation — and with one bar, actual knowledge that the community does not or will not qualify. Every one of those words is printed above, and none of them is applied to anyone here.
Sources
Every quotation above is taken from the documents below, on the date shown; the explanation around each quote is ours. Statutes are amended and uniform acts are revised — check the current text before relying on any of it.
- 24 CFR §100.300 — Purpose (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.300, read September 16, 2026
- 24 CFR §100.301 — Exemption (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.301, read September 16, 2026
- 24 CFR §100.20 — Definitions (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-A/section-100.20, read September 16, 2026
- 24 CFR §100.302 — State and Federal elderly housing programs (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.302, read September 16, 2026
- 24 CFR §100.303 — 62 or over housing (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.303, read September 16, 2026
- 24 CFR §100.304 — Housing for persons who are 55 years of age or older (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.304, read September 16, 2026
- 24 CFR §100.305 — 80 percent occupancy (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.305, read September 16, 2026
- 24 CFR §100.306 — Intent to operate as housing designed for persons who are 55 years of age or older (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.306, read September 16, 2026
- 24 CFR §100.307 — Verification of occupancy (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.307, read September 16, 2026
- 24 CFR §100.308 — Good faith defense against civil money damages (eCFR, current as of September 14, 2026) — Office of the Federal Register / Government Publishing Office, www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-E/section-100.308, read September 16, 2026