24 C.F.R. § 100.303
§ 100.303 62 or over housing. (24 CFR Part 100)
Operative Text
(a) 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: (1) 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; (2) There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over; (3) 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. (b) The following examples illustrate the application of paragraph (a) of this section: Example (1): 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. Example (2): 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.
Under 24 CFR Part 100 § 100.303, the Fair Housing Act's protections based on familial status — which generally prohibit discrimination against households with children — do not apply to housing communities that are intended for and solely occupied by people aged 62 or older. The exemption can still be maintained even if some residents who were present before September 13, 1988 were under 62, if vacant units are held in reserve for qualifying residents, or if on-site employees under 62 live there while performing substantial management or maintenance duties. In short, this provision carves out a narrow category of senior housing from one specific strand of federal fair housing law.
Plain English — not legal advice.
Operators seeking to maintain the '62 or over' exemption under 24 CFR Part 100 § 100.303 generally ensure that every new occupant admitted after September 13, 1988 is at least 62 years of age at the time of occupancy — as illustrated by the Vista Heights example in the regulation itself. Compliant operators also keep vacant units reserved exclusively for age-qualifying residents and document that any under-62 employees living on-site are performing substantial duties directly tied to managing or maintaining the property. Operators who admit even one non-qualifying resident risk losing the exemption, though they may wish to evaluate whether the separate '55 or over' standard under § 100.304 could apply instead.
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 § 100.303, a housing community claiming the '62 or over' exemption is permitted to decline applicants who do not meet the age threshold, and that refusal does not constitute unlawful familial-status discrimination under federal fair housing law. However, if a community does not actually meet the strict requirements of this exemption — for example, by regularly admitting residents under 62 who are not qualifying employees — tenants or applicants who believe they were improperly denied housing may have grounds to challenge whether the exemption legitimately applies. Potential paths for raising such concerns include filing a complaint with HUD, contacting a local fair housing organization, or consulting a tenant-rights group familiar with federal fair housing regulations.
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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