24 C.F.R. § 100.307
§ 100.307 Verification of occupancy. (24 CFR Part 100)
Operative Text
(a) In order for a housing facility or community to qualify as housing for persons 55 years of age or older, it must be able to produce, in response to a complaint filed under this title, verification of compliance with § 100.305 through reliable surveys and affidavits. (b) A facility or community shall, within 180 days of the effective date of this rule, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one occupant of each unit is 55 years of age or older. Such procedures may be part of a normal leasing or purchasing arrangement. (c) The procedures described in paragraph (b) of this section must provide for regular updates, through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two years. A survey may include information regarding whether any units are occupied by persons described in paragraphs (e)(1), (e)(3), and (e)(4) of § 100.305. (d) Any of the following documents are considered reliable documentation of the age of the occupants of the housing facility or community: (1) Driver's license; (2) Birth certificate; (3) Passport; (4) Immigration card; (5) Military identification; (6) Any other state, local, national, or international official documents containing a birth date of comparable reliability; or (7) A certification in a lease, application, affidavit, or other document signed by any member of the household age 18 or older asserting that at least one person in the unit is 55 years of age or older. (e) A facility or community shall consider any one of the forms of verification identified above as adequate for verification of age, provided that it contains specific information about current age or date of birth. (f) The housing facility or community must establish and maintain appropriate policies to require that occupants comply with the age verification procedures required by this section. (g) If the occupants of a particular dwelling unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit to be occupied by at least one person 55 years of age or older. Such evidence may include: (1) Government records or documents, such as a local household census; (2) Prior forms or applications; or (3) A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under the penalty of perjury. (h) Surveys and verification procedures which comply with the requirements of this section shall be admissible in administrative and judicial proceedings for the purpose of verifying occupancy. (i) A summary of occupancy surveys shall be available for inspection upon reasonable notice and request by any person.
Under 24 CFR Part 100 § 100.307, a housing community claiming 55-and-older status must maintain documented proof of resident ages and be able to produce that proof if a fair-housing complaint is filed. Acceptable age documentation includes driver's licenses, birth certificates, passports, and signed household certifications, among other official records. Occupancy records must be updated at least once every two years through surveys or similar means, and a summary of those surveys must be made available to anyone who requests it with reasonable notice.
Plain English — not legal advice.
To maintain a legally recognized 55-and-older community under § 100.307, operators generally establish written procedures for collecting and periodically updating age-verification records for every unit. Compliant communities accept any of the enumerated document types—or a signed household certification—as sufficient proof of age, and they conduct occupancy surveys no less than every two years. When residents refuse to participate in verification, the regulation permits operators to draw on alternative evidence such as government records, prior applications, or signed third-party statements to determine whether the age threshold is met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 100.307 governs how a 55-and-older community must document and verify resident ages, and those records are directly relevant if a fair-housing complaint is ever filed. Residents generally have the right to satisfy age-verification requirements using any one of several accepted document types, including a simple signed certification in a lease or application. Tenants who believe a community is improperly claiming 55-and-older status—or misapplying its verification procedures—may file a complaint with HUD or consult a tenant-rights organization for guidance on available options.
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.
Effective Timeline
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