24 C.F.R. § 100.306

Intent to operate as housing designed for persons who are 55 years of age or older

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(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).

(Approved by the Office of Management and Budget under control number 2529-0046) [64 FR 16330, Apr. 2, 1999]

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1997–2024 · leading case: Covey v. Hollydale Mobilehome Estates, 116 F.3d 830 (9th Cir. 1997).

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Covey v. Hollydale Mobilehome Estates, 116 F.3d 830 (9th Cir. 1997). · cites it 5× “at 43328 (publishing 24 C.F.R. § 100.306 (a)). The 1995 regulations defined “significant facilities and services specifically designed for older persons” as “those which actually or predictably benefit the health, safety, social, educational, or leisure needs of older persons.”

Putnam Fam. P'ship v. CITY OF YUCAIPA, CAL., 673 F.3d 920 (9th Cir. 2012). “” 24 C.F.R. § 100.306 (a) (emphasis added).”

United States v. Fountainbleau Apts. L.P., 566 F. Supp. 2d 726 (E.D. Tenn. 2008). “24 C.F.R. § 100.306 . The regulations further provide for procedures for verifying occupancy.”

Holiday City Homeowners Corp. Vs. Scott Kerico (c-000074-18, Ocean Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2021). “The age restriction was implemented "as a way to demonstrate [the] community's intent to operate as housing for persons fifty-five years of age or older in accordance with 24 C.F.R. §100.306 ." Count Two sought specific performance requiring defendant to transfer the properties…”

New Jersey Realtors v. Twp. of Berkeley (N.J. Super. Ct. App. Div. 2024). “305 , how a housing facility or community must demonstrate its intent to operate as housing designed for occupancy for persons fifty-five years of age or older, 24 C.F.R. § 100.306 , and how to verify compliance with the eighty percent occupancy requirement, 24 C.”

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