24 C.F.R. § 100.306
§ 100.306 Intent to operate as housing designed for persons who are 55 years of age or older. (24 CFR Part 100)
Operative Text
(a) In order for a housing facility or community to qualify as housing designed for persons who are 55 years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement: (1) The manner in which the housing facility or community is described to prospective residents; (2) Any advertising designed to attract prospective residents; (3) Lease provisions; (4) Written rules, regulations, covenants, deed or other restrictions; (5) The maintenance and consistent application of relevant procedures; (6) Actual practices of the housing facility or community; and (7) Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older. (b) Phrases such as “adult living”, “adult community”, or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons 55 years of age or older. (c) If there is language in deed or other community or facility documents which is inconsistent with the intent to provide housing for persons who are 55 years of age or older housing, HUD shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section in conjunction with other evidence of intent. (d) A housing facility or community may allow occupancy by families with children as long as it meets the requirements of §§ 100.305 and 100.306(a).
Under 24 CFR Part 100 § 100.306, a housing community seeking to qualify for the 55-and-older exemption from the Fair Housing Act's familial-status protections must do more than simply claim that status — it must publish and consistently follow policies that demonstrate a genuine operational intent to serve residents aged 55 and older. Regulators look at a wide range of evidence, including advertising language, lease terms, posted notices, and actual day-to-day practices, to assess whether that intent is real. Notably, vague phrases like 'adult living' or 'adult community' are explicitly insufficient to establish this intent, and communities with conflicting deed or governing-document language must show a good-faith effort to remove it.
Plain English — not legal advice.
Property owners and managers operating or seeking to operate a 55-and-older community under § 100.306 generally ensure that every public-facing touchpoint — from advertising copy and leasing materials to posted notices in common areas — clearly and consistently identifies the community as housing for persons 55 years of age or older. Compliant operators avoid ambiguous marketing language such as 'adult living' or 'adult community,' which § 100.306(b) identifies as inconsistent with the required intent. Where deed restrictions or governing documents contain language that conflicts with the 55-and-older purpose, operators typically document their good-faith efforts to amend or remove that language, as § 100.306(c) recognizes such documentation as relevant evidence of compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 100.306, tenants and prospective residents have an interest in knowing that a community claiming 55-and-older status must back that claim with consistent, documented policies and practices — not just a label. If a community's advertising, lease terms, or actual operations appear inconsistent with the requirements described in § 100.306, that inconsistency may be relevant to whether the community legitimately qualifies for the familial-status exemption under the Fair Housing Act. Individuals who believe a housing facility is improperly invoking 55-and-older status to exclude families with children can explore options such as filing a complaint with HUD, raising the issue as a defense in an eviction or denial proceeding, or contacting a local tenant-rights organization for general guidance.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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