24 C.F.R. § 100.308
§ 100.308 Good faith defense against civil money damages. (24 CFR Part 100)
Operative Text
(a) A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good faith belief that the housing facility or community qualified for a housing for older persons exemption under this subpart. (b)(1) A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies for a housing for older persons exemption. (2) Before the date on which the discrimination is claimed to have occurred, a community or facility, through its authorized representatives, must certify, in writing and under oath or affirmation, to the person subsequently claiming the defense that it complies with the requirements for such an exemption as housing for persons 55 years of age or older in order for such person to claim the defense. (3) For purposes of this section, an authorized representative of a housing facility or community means the individual, committee, management company, owner, or other entity having the responsibility for adherence to the requirements established by this subpart. (4) For purposes of this section, a person means a natural person. (5) A person shall not be entitled to the good faith defense if the person has actual knowledge that the housing facility or community does not, or will not, qualify as housing for persons 55 years of age or older. Such a person will be ineligible for the good faith defense regardless of whether the person received the written assurance described in paragraph (b) of this section.
Under 24 CFR Part 100 § 100.308, an individual who discriminates against someone based on familial status may avoid personal liability for monetary damages if they genuinely and reasonably believed the housing community qualified for a 'housing for older persons' exemption. That belief must be grounded in an actual written, sworn certification from an authorized representative of the community—made before the alleged discrimination occurred—asserting that the community meets the 55-and-older exemption requirements. Critically, this defense is unavailable to anyone who actually knew the community did not qualify, even if they received the written certification.
Plain English — not legal advice.
Property owners and managers operating under or near a 55-and-older exemption should be aware that § 100.308 provides a limited personal liability shield only for natural persons—not entities—who rely on a written, sworn certification from an authorized community representative obtained before any alleged discriminatory act. Compliant operators typically ensure that any such certification is documented, dated, and on file prior to making occupancy decisions that could implicate familial-status protections. Operators who have independent knowledge that a community does not actually meet the exemption's requirements cannot rely on this defense, regardless of what written assurances they may hold.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 100.308, a person accused of familial-status discrimination may attempt to avoid paying monetary damages by claiming they relied in good faith on a written certification that the community qualified as 55-and-older housing. Tenants who believe they were discriminated against on the basis of familial status should know that this defense has strict prerequisites—including that the certification must have been sworn, written, and issued before the discrimination occurred—and is entirely unavailable if the accused had actual knowledge the exemption did not apply. Tenants in this situation may consider filing a complaint with HUD, contacting a local fair housing organization, or consulting a tenant-rights resource to understand how this defense might be evaluated in their circumstances.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.