24 C.F.R. § 100.301
§ 100.301 Exemption. (24 CFR Part 100)
Operative Text
(a) 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. (b) 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.
Under 24 CFR Part 100 § 100.301, the Fair Housing Act's familial status protections do not apply to housing communities that qualify as housing for older persons under §§ 100.302, 100.303, or 100.304. Additionally, this section makes clear that nothing in Part 100 overrides reasonable occupancy limits set by local, state, or federal law.
Plain English — not legal advice.
Operators of housing that qualifies under §§ 100.302–100.304 may, under § 100.301, restrict occupancy in ways that would otherwise implicate familial status rules. Compliant operators also continue to observe any applicable government-imposed occupancy caps, as § 100.301(b) preserves the force of those separate restrictions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.301 means that if a community claims an older-persons exemption, the familial status protections of Part 100 may not apply there, though the community must actually satisfy the requirements of §§ 100.302, 100.303, or 100.304 to validly claim that exemption. Tenants who believe an exemption is being claimed improperly can explore filing a complaint with HUD or a local fair housing agency, or consult a tenant-rights organization for general information about how these exemptions are evaluated.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.