24 C.F.R. § 100.304
§ 100.304 Housing for persons who are 55 years of age or older. (24 CFR Part 100)
Operative Text
(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.
Under 24 CFR Part 100 § 100.304, the Fair Housing Act's familial-status protections do not apply to housing communities that qualify as 55-and-older communities, meaning such communities may lawfully restrict residency based on age. To qualify, a community must meet specific statutory and regulatory requirements—including those in 24 CFR 100.305, 100.306, and 100.307—and the exemption applies to entire housing facilities or communities (such as condominiums, cooperatives, mobile home parks, or HOA-governed properties), not to isolated portions of a single building.
Plain English — not legal advice.
Operators seeking to maintain a 55-and-older community under § 100.304 generally ensure their community satisfies all qualifying conditions set out in the Fair Housing Act and the companion regulations at 24 CFR 100.305, 100.306, and 100.307, since failure to meet those standards means the familial-status exemption does not apply. Compliant operators typically document that the community as a whole—not merely a section of a building—meets the definition of a housing facility or community under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 100.304, a housing community claiming the 55-and-older exemption must actually satisfy the Fair Housing Act's qualifying requirements; if it does not, the familial-status protections of the Act remain in force. Tenants who believe a community is improperly invoking this exemption can explore options such as filing a complaint with HUD, raising the issue before a local fair housing agency, or consulting a tenant-rights organization for general information about enforcement paths.
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.
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