---
kind: "section"
citation: "24 C.F.R. § 100.304"
title: "24"
number: "100.304"
heading: "Housing for persons who are 55 years of age or older."
url: "https://uscodex.org/cfr/24/100.304"
---

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

- (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)](/cfr/24/807.md?p=b-2-C) ([42 U.S.C. 3607(b)](/usc/42/3607.md?p=b)) of the Fair Housing Act as amended; and
    - (ii) 24 CFR [100.305](/cfr/24/100.305.md), [100.306](/cfr/24/100.306.md), and [100.307](/cfr/24/100.307.md).
- (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.

## Notes

### Amendments

[64 FR 16329, Apr. 2, 1999]

### Authority

Authority: 42 U.S.C. 3535(d), 3600-3620.

### Source

Source: 54 FR 3283, Jan. 23, 1989, unless otherwise noted.

### Amendments

[64 FR 16329, Apr. 2, 1999]