24 C.F.R. § 100.302
§ 100.302 State and Federal elderly housing programs. (24 CFR Part 100)
Operative Text
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.
Under 24 CFR Part 100 § 100.302, the Fair Housing Act's protections based on familial status — which generally prohibit discrimination against households with children — do not apply to housing programs that are specifically designed and operated to serve elderly persons under a qualifying Federal or State program. For such an exemption to apply, the Secretary of HUD must have determined that the program meets this standard. In practical effect, these government-sponsored elderly housing programs may lawfully restrict occupancy to elderly residents without violating the familial status provisions of this part.
Plain English — not legal advice.
Operators of housing funded or authorized under a Federal or State elderly housing program should be aware that 24 CFR Part 100 § 100.302 provides a specific exemption from the familial status requirements that otherwise govern most residential housing. A compliant operator generally ensures that the program under which the property operates has received the requisite HUD Secretary determination confirming it is specifically designed and operated to assist elderly persons as defined by that program. Maintaining documentation of the program's qualifying status and operating the property consistently within the program's defined elderly-housing purpose are practices associated with reliance on this exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 100 § 100.302, tenants and applicants in federally or state-funded elderly housing programs should understand that the familial status protections of Part 100 may not apply if HUD has determined the program qualifies for this exemption. If you believe a housing provider is improperly claiming this exemption — for example, in a property that does not appear to meet the elderly-program criteria — you may have grounds to raise that issue as a concern. General enforcement paths include filing a complaint with HUD's Office of Fair Housing and Equal Opportunity, contacting a local fair housing organization, or consulting a tenant-rights resource familiar with federal housing discrimination law.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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