§ 100.304. Housing for persons who are 55 years of age or older.

222 words·~1 min read·/us/cfr/t24/s§ 100.304·

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(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. \[64 FR 16329, Apr. 2, 1999\]

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U.S. Code