Each depositor insured to at least $250,000 per insured bank

Home > Regulation & Examinations > Laws & Regulations > FDIC Law, Regulations, Related Acts



[Table of Contents] [Previous Page] [Next Page] [Search]

6500 - Consumer Protection



CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, DEPARTMENT OF HOUSING AND URBANDEVELOPMENT

SUBCHAPTER A—FAIR HOUSING *

PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT

Subpart A—General

Sec.

Subpart B—Discriminatory Housing Practices

Subpart C—Discrimination in Residential Real Estate-Related Transactions

Subpart D—Prohibition Against Discrimination Because of Handicap

Subpart E—Housing for Older Persons

Appendix—Housing for older persons.

Subpart F—Interference, Coercion or Intimidation

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

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

Subpart A—General

§ 100.1 Authority.

This regulation is issued under the authority of the Secretary of Housing and Urban Development to administer and enforce title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act).

[Codified to 24 C.F.R. § 100.1]

§ 100.5 Scope.

(a)  It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related transactions.

(b)  This part provides the Department's interpretation of the coverage of the Fair Housing Act regarding discrimination related to the sale or rental of dwellings, the provision of services in connection therewith, and the availability of residential real estate-related transactions.

(c)  Nothing in this part relieves persons participating in a federal or federally-assisted program or activity from other requirements applicable to buildings and dwellings.

[Codified to 24 C.F.R. § 100.5]

§ 100.10 Exemptions.

(a)  This part does not:

(1)  Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, or national origin;

(2)  Prohibit a private club, not in fact open to the public, which, incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members;

(3)  Limit the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling; or

(4)  Prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

(b)  Nothing in this part regarding discrimination based on familial status applies with respect to housing for older persons as defined in subpart E of this part.

(c)  Nothing in this part, other than the prohibitions against discriminatory advertising, applies to:

(1)  The sale or rental of any single family house by an owner, provided the following conditions are met:

(i)  The owner does not own or have any interest in more than three single family houses at any one time.

(ii)  The housing is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this paragraph (c)(1) of this section applies to only one such sale in any 24-month period.

(2)  Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.

[Codified to 24 C.F.R. § 100.10]

§ 100.20 Definitions.

The terms Department, Fair Housing Act, and Secretary are defined in 24 CFR part 5.

Aggrieved person includes any person who--

(a)  Claims to have been injured by a discriminatory housing practice; or

(b)  Believes that such person will be injured by a discriminatory housing practice that is about to occur.

Broker or Agent includes any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate-related transactions.

Discriminatory housing practice means an act that is unlawful under section 804, 805, 806, or 818 of the Fair Housing Act.

Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with--

(a)  A parent or another person having legal custody of such individual or individuals; or

(b)  The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

Handicap is defined in § 100.201.

Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 U.S.C., receivers, and fiduciaries.

Persons in the business of selling or renting dwellings means any person who:

(a)  Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

(b)  Within the preceding twelve months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(c)  Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

State means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

[Codified 24 C.F.R. § 100.20]

[Section 100.20 amended at 61 Fed. Reg. 5205, February 9, 1996, effective March 11, 1996]

Subpart B—Discriminatory Housing Practices

§ 100.50 Real estate practices prohibited.

(a)  This subpart provides the Department's interpretation of conduct that is unlawful housing discrimination under section 804 and section 806 of the Fair Housing Act. In general the prohibited actions are set forth under sections of this subpart which are most applicable to the discriminatory conduct described. However, an action illustrated in one section can constitute a violation under sections in the subpart. For example, the conduct described in § 100.60(b)(3) and (4) would constitute a violation of § 100.65(a) as well as § 100.60(a).

(b)  It shall be unlawful to:

(1)  Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse to negotiate for the sale or rental of a dwelling because of race, color, religion, sex, familial status, or national origin, or to discriminate in the sale or rental of a dwelling because of handicap.

(2)  Discriminate in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex, handicap, familial status, or national origin.

(3)  Engage in any conduct relating to the provision of housing which otherwise makes unavailable or denies dwellings to persons because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

(5)  Represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that a dwelling is not available for sale or rental when such dwelling is in fact available.

(6)  Engage in blockbusting practices in connection with the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

(7)  Deny access to or membership or participation in, or to discriminate against any person in his or her access to or membership or participation in, any multiple-listing service, real estate brokers' association, or other service organization or facility relating to the business of selling or renting a dwelling or in the terms or conditions or membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin.

(c)  The application of the Fair Housing Act with respect to persons with handicaps is discussed in subpart D of this part.

[Codified to 24 C.F.R. § 100.50]

§ 100.60 Unlawful refusal to sell or rent or to negotiate for the sale or rental.

(a)  It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who has made a bona fide offer, because of race, color, religion, sex, familial status, or national origin or to refuse to negotiate with a person for the sale or rental or a dwelling because of race, color, religion, sex, familial status, or national origin, or to discriminate against any person in the sale or rental of a dwelling because of handicap.

(b)  Prohibited actions under this section include, but are not limited to:

(1)  Failing to accept or consider a bona fide offer because of race, color, religion, sex, handicap, familial status, or national origin.

(2)  Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with, any person because of race, color, religion, sex, handicap, familial status, or national origin.

(3)  Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Using different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, sex, handicap, familial status, or national origin.

(5)  Evicting tenants because of their race, color, religion, sex, handicap, familial status, or national origin or because of the race, color, religion, sex, handicap, familial status, or national origin of a tenant's guest.

[Codified to 24 C.F.R. § 100.60]

§ 100.65 Discrimination in terms, conditions and privileges and in services and facilities.

(a)  It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to impose different terms, conditions or privileges relating to the sale or rental of a dwelling or to deny or limit services or facilities in connection with the sale or rental of a dwelling.

(b)  Prohibited actions under this section include, but are not limited to:

(1)  Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits and the terms of a lease and those relating to down payment and closing requirements, because of race, color, religion, sex, handicap, familial status, or national origin.

(2)  Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

(3)  Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Limiting the use of privileges, services or facilities associated with a dwelling because of race, color, religion, sex, handicap, familial status, or national origin of an owner, tenant or a person associated with him or her.

(5)  Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.

[Codified to 24 C.F.R. § 100.65]

§ 100.70 Other prohibited sale and rental conduct.

(a)  It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood or development.

(b)  It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons.

(c)  Prohibited actions under paragraph (a) of this section, which are generally referred to as unlawful steering practices, include, but are not limited to:

(1)  Discouraging any person from inspecting, purchasing or renting a dwelling because of race, color, religion, sex, handicap, familial status, or national origin, or because of the race, color, religion, sex, handicap, familial status, or national origin of persons in a community, neighborhood or development.

(2)  Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, handicap, familial status, or national origin by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development.

(3)  Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of race, color, religion, sex, handicap, familial status, or national origin.

(d)  Prohibited activities relating to dwellings under paragraph (b) of this section include, but are not limited to:

(1)  Discharging or taking other adverse action against an employee, broker or agent because he or she refused to participate in a discriminatory housing practice.

(2)  Employing codes or other devices to segregate or reject applicants, purchasers or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, handicap, familial status, or national origin, or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, handicap, familial status, or national origin.

(3)  Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Refusing to provide municipal services or property or hazard insurance for dwellings or providing such services or insurance differently because of race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.70]

§ 100.75 Discriminatory advertisements, statements and notices.

(a)  It shall be unlawful to make print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.

(b)  The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any application, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling.

(c)  Discriminatory notices, statements and advertisements include, but are not limited to:

(1)  Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, handicap, familial status or national origin.

(2)  Expressing to agents, brokers, employees, prospective sellers or renters or any other person a preference for or limitation on any purchaser or renter because of race, color, religion, sex, handicap, familial status, or national origin of such persons.

(3)  Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, sex, handicap, familial status or national origin.

(d)  24 CFR Part 109 provides information to assist persons to advertise dwellings in a nondiscriminatory manner and describes the matters the Department will review in evaluating compliance with the Fair Housing Act and in investigating complaints alleging discriminatory housing practices involving advertising.

[Codified to 24 C.F.R. § 100.75]

§ 100.80 Discriminatory representations on the availability of dwellings.

(a)  It shall be unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, to provide inaccurate or untrue information about the availability of dwellings for sale or rental.

(b)  Prohibited actions under this section include, but are not limited to:

(1)  Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented, because of race, color, religion, sex, handicap, familial status, or national origin.

(2)  Representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, handicap, familial status, or national origin preclude the sale or rental of a dwelling to a person.

(3)  Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, handicap, familial status or national origin.

(4)  Limiting information, by word or conduct, regarding suitably priced dwellings, available for inspection, sale or rental, because of race, color, religion, sex, handicap, familial status, or national origin.

(5)  Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.80]

§ 100.85 Blockbusting.

(a)  It shall be unlawful, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, or national origin or with a handicap.

(b)  In establishing a discriminatory housing practice under this section it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity.

(c)  Prohibited actions under this section include, but are not limited to:

(1)  Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, handicap, familial status, or national origin of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental.

(2)  Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, familial status, or national origin, or with handicaps, can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.

[Codified to 24 C.F.R. § 100.85]

§ 100.90 Discrimination in the provision of brokerage services.

(a)  It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation, because of race, color, religion, sex, handicap, familial status, or national origin.

(b)  Prohibited actions under this section include, but are not limited to:

(1)  Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, handicap, familial status, or national origin.

(2)  Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, handicap, familial status, or national origin.

(3)  Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, handicap, familial status, or national origin.

(4)  Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.90]

Subpart C—Discrimination in Residential Real Estate-Related Transactions

§ 100.110 Discriminatory practices in residential real estate-related transactions.

(a)  This subpart provides the Department's interpretation of the conduct that is unlawful housing discrimination under section 805 of the Fair Housing Act.

(b)  It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.110]

§ 100.115 Residential real estate-related transactions.

The term residential real estate-related transactions means:

(a)  The making or purchasing of loans or providing other financial assistance--

(1)  For purchasing, constructing, improving, repairing or maintaining a dwelling; or

(2)  Secured by residential real estate; or

(b)  The selling, brokering or appraising of residential real property.

[Codified to 24 C.F.R. § 100.115]

§ 100.120 Discrimination in the making of loans and in the provisions of other financial assistance.

(a)  It shall be unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available loans or other financial assistance for a dwelling, or which is or is to be secured by a dwelling, because of race, color, religion, sex, handicap, familial status, or national origin.

(b)  Prohibited practices under this section include, but are not limited to, failing or refusing to provide to any person, in connection with a residential real estate-related transaction, information regarding the availability of loans or other financial assistance, application requirements, procedures or standards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, handicap familial status, or national origin.

[Codified to 24 C.F.R. § 100.120]

§ 100.125 Discrimination in the purchasing of loans.

(a)  It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or securities which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate, to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, handicap, familial status, or national origin.

(b)  Unlawful conduct under this section includes, but is not limited to:

(1)  Purchasing loans or other debts or securities which relate to or which are secured by dwellings in certain communities or neighborhoods but not in others because of the race, color, religion, sex, handicap, familial status, or national origin of persons in such neighborhoods or communities.

(2)  Pooling or packaging loans or other debts or securities which relate to, or which are secured by, dwellings differently because of race, color, religion, sex, handicap, familial status, or national origin.

(3)  Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts or securities which relate to, or which are secured by, dwellings because of race, color, religion, sex, handicap, familial status, or national origin.

(c)  This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of federal law, relating to a transaction's financial security or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.125]

§ 100.130  Discrimination in the terms and conditions for making available loans or other financial assistance.

(a)  It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, handicap, familial status, or national origin.

(b)  Unlawful conduct under this section includes, but is not limited to:

(1)  Using different policies, practices or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, handicap, familial status, or national origin.

(2)  Determining the type of loan or other financial assistance to be provided with respect to a dwelling, or fixing the amount, interest rate, duration or other terms for a loan or other financial assistance for a dwelling or which is secured by residential real estate, because of race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.130]

§ 100.135  Unlawful practices in the selling, brokering, or appraising of residential real property.

(a)  It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering or appraising of residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, handicap, familial status, or national origin.

(b)  For the purposes of this section, the term appraisal means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

(c)  Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, handicap, familial status, or national origin.

(d)  Practices which are unlawful under this section include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, handicap, familial status, or national origin.

[Codified to 24 C.F.R. § 100.135]

§ 100.140  General rules.

(a)  Voluntary self-testing and correction. The report or results of a self-test a lender voluntarily conducts or authorizes are privileged as provided in this subpart if the lender has taken or is taking appropriate corrective action to address likely violations identified by the self-test. Data collection required by law or any governmental authority (federal, state, or local) is not voluntary.

(b)  Other privileges. This subpart does not abrogate any evidentiary privilege otherwise provided by law.

[Codified to 24 C.F.R. § 100.140]

[Section 100.140 added at 62 Fed. Reg. 66432, December 18, 1998, effective January 30, 1998]

§ 100.141  Definitions.

As used in this subpart:

Lender means a person who engages in a residential real estate-related lending transaction.

Residential real estate-related lending transaction means the making of a loan:

(1)  For purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(2)  Secured by residential real estate.

Self-test means any program, practice or study a lender voluntarily conducts or authorizes which is designed and used specifically to determine the extent or effectiveness of compliance with the Fair Housing Act. The self-test must create data or factual information that is not available and cannot be derived from loan files, application files, or other residential real estate-related lending transaction records. Self-testing includes, but is not limited to, using fictitious credit applicants (testers) or conducting surveys of applicants or customers, nor is it limited to the pre-application stage of loan processing.

[Codified to 24 C.F.R. § 100.141]

[Section 100.141 added at 62 Fed. Reg. 66432, December 18, 1998, effective January 30, 1998]

§ 100.142  Types of information.

(a)  The privilege under this subpart covers:

(1)  The report or results of the self-test;

(2)  Data or factual information created by the self-test;

(3)  Workpapers, draft documents and final documents;

(4)  Analyses, opinions, and conclusions if they directly result from the self-test report or results.

(b)  The privilege does not cover:

(1)  Information about whether a lender conducted a self-test, the methodology used or scope of the self-test, the time period covered by the self-test or the dates it was conducted;

(2)  Loan files and application files, or other residential real estate-related lending transaction records (e.g., property appraisal reports, loan committee meeting minutes or other documents reflecting the basis for a decision to approve or deny a loan application, loan policies or procedures, underwriting standards, compensation records) and information or data derived from such files and records, even if such data has been aggregated, summarized or reorganized to facilitate analysis.

[Codified to 24 C.F.R. § 100.142]

[Section 100.142 added at 62 Fed. Reg. 66432, December 18, 1998, effective January 30, 1998]

§ 100.143  Appropriate corrective action.

(a)  The report or results of a self-test are privileged as provided in this subpart if the lender has taken or is taking appropriate corrective action to address likely violations identified by the self-test. Appropriate corrective action is required when a self-test shows it is more likely than not that a violation occurred even though no violation was adjudicated formally.

(b)  A lender must take action reasonably likely to remedy the cause and effect of the likely violation and must:

(1)  Identify the policies or practices that are the likely cause of the violation, such as inadequate or improper lending policies, failure to implement established policies, employee conduct, or other causes; and

(2)  Assess the extent and scope of any likely violation, by determining which areas of operation are likely to be affected by those policies and practices, such as stages of the loan application process, types of loans, or the particular branch where the likely violation has occurred. Generally, the scope of the self-test governs the scope of the appropriate corrective action.

(c)  Appropriate corrective action may include both prospective and remedial relief, except that to establish a privilege under this subpart:

(1)  A lender is not required to provide remedial relief to a tester in a self-test;

(2)  A lender is only required to provide remedial relief to an applicant identified by the self-test as one whose rights were more likely than not violated;

(3)  A lender is not required to provide remedial relief to a particular applicant if the statute of limitations applicable to the violation expired before the lender obtained the results of the self-test or the applicant is otherwise ineligible for such relief.

(d)  Depending on the facts involved, appropriate corrective action may include, but is not limited to, one or more of the following:

(1)  If the self-test identifies individuals whose applications were inappropriately processed, offering to extend credit if the applications were improperly denied; compensating such persons for any damages, both out-of-pocket and compensatory;

(2)  Correcting any institutional policies or procedures that may have contributed to the likely violation, and adopting new policies as appropriate;

(3)  Identifying, and then training and/or disciplining the employees involved;

(4)  Developing outreach programs, marketing strategies, or loan products to serve more effectively the segments of the lender's market that may have been affected by the likely violation; and

(5)  Improving audit and oversight systems to avoid a recurrence of the likely violations.

(e)  Determination of appropriate corrective action is fact-based. Not every corrective measure listed in paragraph (d) of this section need be taken for each likely violation.

(f)  Taking appropriate corrective action is not an admission by a lender that a violation occurred.

[Codified to 24 C.F.R. § 100.143]

[Section 100.143 added at 62 Fed. Reg. 66432, December 18, 1998, effective January 30, 1998]

§ 100.144  Scope of privilege.

The report or results of a self-test may not be obtained or used by an aggrieved person, complainant, department or agency in any:

(a)  Proceeding or civil action in which a violation of the Fair Housing Act is alleged; or

(b)  Examination or investigation relating to compliance with the Fair Housing Act.

[Codified to 24 C.F.R. § 100.144]

[Section 100.144 added at 62 Fed. Reg. 66432, December 18, 1998, effective January 30, 1998]

§ 100.145  Loss of privilege.

(a)  The self-test report or results are not privileged under this subpart if the lender or person with lawful access to the report or results:

(1)  Voluntarily discloses any part of the report or results or any other information privileged under this subpart to any aggrieved person, complainant, department, agency, or to the public; or

(2)  Discloses the report or results or any other information privileged under this subpart as a defense to charges a lender violated the Fair Housing Act; or

(3)  Fails or is unable to produce self-test records or information needed to determine whether the privilege applies.

(b)  Disclosures or other actions undertaken to carry out appropriate corrective action do not cause the lender to lose the privilege.

[Codified to 24 C.F.R. § 100.145]

[Section 100.145 added at 62 Fed. Reg. 66432, December 18, 1998, effective January 30, 1998]

§ 100.146  Limited use of privileged information.

Notwithstanding § 100.145, the self-test report or results may be obtained and used by an aggrieved person, applicant, department or agency soley to determine a penalty or remedy after the violation of the Fair Housing Act has been adjudicated or admitted. Disclosures for this limited purpose may be used only for the particular proceeding in which the adjudication or admission is made. Information disclosed under this section remains otherwise privileged under this subpart.

[Codified to 24 C.F.R. § 100.146]

[Section 100.146 added at 62 Fed. Reg. 66433, December 18, 1998, effective January 30, 1998]

§ 100.147  Adjudication.

An aggrieved person, complainant, department or agency that challenges a privilege asserted under § 100.144 may seek a determination of the existence and application of that privilege in:

(a)  A court of competent jurisdiction; or

(b)  An administrative law proceeding with appropriate jurisdiction.

[Codified to 24 C.F.R. § 100.147]

[Section 100.147 added at 62 Fed. Reg. 66433, December 18, 1998, effective January 30, 1998]

§ 100.148  Effective date.

The privilege under this subpart applies to self-tests conducted both before and after January 30, 1998, except that a self-test conducted before January 30, 1998 is not privileged:

(a)  If there was a court action or administrative proceeding before January 30, 1998, including the filing of a complaint alleging a violation of the Fair Housing Act with the Department or a substantially equivalent state or local agency; or

(b)  If any part of the report or results were disclosed before January 30, 1998 to any aggrieved person, complainant, department or agency, or to the general public.

[Codified to 24 C.F.R. § 100.148]

[Section 100.148 added at 62 Fed. Reg. 66433, December 18, 1998, effective January 30, 1998]

Subpart D—Prohibition Against Discrimination Because of Handicap

§ 100.200  Purpose.

The purpose of this subpart is to effectuate sections 6(a) and (b) and 15 of the Fair Housing Amendments Act of 1988.

[Codified to 24 C.F.R. § 100.200]

§ 100.201  Definitions.

As used in this subpart:

§ 100.201a), CABO/ANSI A117.1--1992 (incorporated by reference at § 100.201a). ANSI A117.1--1986 (incorporated by reference at § 100.201a), or a comparable standard is deemed "accessible" within the meaning of this paragraph.

Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ICC/ANSI A117.1--2003 (incorporated by reference at § 100.201a), ICC/ANSI A117.1--1998 (incorporated by reference at § 100.201a), CABO/ANSI A117.1--1992, ANSI A117.1--1986 (incorporated by reference at § 100.201a), or a comparable standard is an "accessible route."

Accessible, when used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. The phrase "readily accessible to and usable by" is synonymous with accessible. A public or common use area that complies with the appropriate requirements of ICC/ANSI A117.1--1986 (incorporated by reference at § 100.201a), ANSI A117.1--2003 (incorporated by reference at § 100.201a), ICC/ANSI A117.1--1998 (incorporated by reference at

Building means a structure, facility or portion thereof that contains or serves one or more dwelling units.

Building entrance on an accessible route means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ICC/ANSI A117.1--2003 (incorporated by reference at § 100.201a), ICC/ANSI A117.1--1998 (incorporated by reference at § 100.201a), CABO/ANSI A117.1--1992 (incorporated by reference at § 100.201a), or a comparable standard complies with the requirements of this paragraph.

Common use areas means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.

Controlled substance means any drug or other substance, or immediate precursor included in the definition in section 102 of the Controlled Substances Act (21 U.S.C. 802).

Covered multi/family dwellings means buildings consisting of 4 or more dwelling units if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of 4 or more dwelling units.

Dwelling unit means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

Entrance means any access point to a building or portion of a building used by residents for the purpose of entering.

Exterior means all areas of the premises outside of an individual dwelling unit.

First occupancy means a building that has never before been used for any purpose.

Ground floor means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.

Handicap means, with respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or addiction to a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. As used in this definition:

(a)  Physical or mental impairment includes:

(1)  Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; disgestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

(2)  Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

(b)  Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(c)  Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(d)  Is regarded as having an impairment means:

(1)  Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;

(2)  Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or

(3)  Has none of the impairments defined in paragraph (a) of this definition but is treated by another person as having such an impairment.

Interior means the spaces, parts, components or elements of an individual dwelling unit.

Modification means any change to the public or common use areas of a building or any change to a dwelling unit.

Premises means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.

Public use areas means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

Site means a parcel of land bounded by a property line or a designated portion of a public right of way.

[Codified to 24 C.F.R. § 100.201]

[Section 100.201 amended at 69 Fed. Reg. 18803, April 9, 2004; 73 Fed. Reg. 63615, October 24, 2008, effective November 24, 2008]

§ 100.201a Incorporation by reference.

(a)  The following standards are incorporated by reference into 24 CFR part 100 pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, as though set forth in full. The incorporation by reference of these standards has been approved by the Director of the Federal Register. The effect of compliance with these standards is as stated in 24 CFR 100.205.

(b)  The addresses of organizations from which the referenced standards can be obtained appear below:

(1)  American National Standard: Accessible and Usable Buildings and Facilities, 2003 edition, (ICC/ANSI A117.1--2003), may be obtained from the International Code Council, 500 New Jersey Avenue, NW., 6th Floor, Washington, DC 20001--2070, telephone number 1--888--422--7233, http://www.iccsafe.org/e/category.html.

(2)  American National Standard: Accessible and Usable Buildings and Facilities, 1998 edition, (ICC/ANSI A117.1--1998), may be obtained from the International Code Council, 500 New Jersey Avenue, NW., 6th Floor, Washington, DC 20001--2070, telephone number 1--888--422--7233, http://www.iccsafe.org/e/category.html.

(3)  American National Standard: Accessible and Usable Buildings and Facilities, 1992 edition, (CABO/ANSI A117.1--1992), may be obtained from the International Code Council, 500 New Jersey Avenue, NW., 6th Floor, Washington, DC 20001--2070, telephone number 1--888--422--7233, http://www.iccsafe.org/e/category.html.

(4)  American National Standard for Buildings and Facilities: Providing Accessibility and Usability for Physically Handicapped People, 1986 edition, (ANSI A117.1--1986) may be obtained from Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112, telephone number 1--800--854--7179, global.ihs.com.

(c)  The 1986, 1992, 1998, and 2003 editions of ANSI A117.1 may be inspected at the Department of Housing and Urban Development, 451 Seventh Street, SW., Room 5240, Washington, DC 20410--0001, telephone number 202--708--2333.

[Codified to 24 CFR § 100.201a]

[Section 100.201a added at 73 Fed. Reg. 63615, October 24, 2008, effective November 24, 2008]

§ 100.202 General prohibitions against discrimination because of handicap.

(a)  It shall be unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of--

(1)  That buyer or renter;

(2)  A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(3)  Any person associated with that person.

(b)  It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of--

(1)  That buyer or renter;

(2)  A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(3)  Any person associated with that person.

(c)  It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is so sold, rented or made available, or any person associated with that person, has a handicap or to make inquiry as to the nature or severity of a handicap of such person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:

(1)  Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

(2)  Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap;

(3)  Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;

(4)  Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;

(5)  Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

(d)  Nothing in this subpart requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

[Codified to 24 C.F.R. § 100.202]

§ 100.203 Reasonable modifications of existing premises.

(a)  It shall be unlawful for any person to refuse to permit, at the expense of a handicapped person, reasonable modifications of existing premises, occupied or to be occupied by a handicapped person, if the proposed modifications may be necessary to afford the handicapped person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for handicapped persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

(b)  A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.

(c)  The application of paragraph (a) of this section may be illustrated by the following examples:

Example (1):  A tenant with a handicap asks his or her landlord for permission to install grab bars in the bathroom at his or her own expense. It is necessary to reinforce the walls with blocking between studs in order to affix the grab bars. It is unlawful for the landlord to refuse to permit the tenant, at the tenant's own expense, from making the modifications necessary to add the grab bars. However, the landlord may condition permission for the modification on the tenant agreeing to restore the bathroom to the condition that existed before the modification, reasonable wear and tear excepted. It would be reasonable for the landlord to require the tenant to remove the grab bars at the end of the tenancy. The landlord may also reasonably require that the wall to which the grab bars are to be attached be repaired and restored to its original condition, reasonable wear and tear excepted. However, it would be unreasonable for the landlord to require the tenant to remove the blocking, since the reinforced walls will not interfere in any way with the landlord's or the next tenant's use and enjoyment of the premises and may be needed by some future tenant.

Example (2):  An applicant for rental housing has a child who uses a wheelchair. The bathroom door in the dwelling unit is too narrow to permit the wheelchair to pass. The applicant asks the landlord for permission to widen the doorway at the applicant's own expense. It is unlawful for the landlord to refuse to permit the applicant to make the modification. Further, the landlord may not, in usual circumstances, condition permission for the modification on the applicant paying for the doorway to be narrowed at the end of the lease because a wider doorway will not interfere with the landlord's or the next tenant's use and enjoyment of the premises.

[Codified to 24 C.F.R. § 100.203]

§ 100.204  Reasonable accommodations.

(a)  It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.

(b)  The application of this section may be illustrated by the following examples:

Example (1):  A blind applicant for rental housing wants to live in a dwelling unit with a seeing eye dog. The building has a no pets policy. It is a violation of § 100.204 for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a seeing eye dog because, without the seeing eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling.

Example (2):  Progress Gardens is a 300 unit apartment complex with 450 parking spaces which are available to tenants and guests of Progress Gardens on a first come first served basis. John applies for housing in Progress Gardens. John is mobility impaired and is unable to walk more than a short distance and therefore requests that a parking space near his unit be reserved for him so he will not have to walk very far to get to his apartment. It is a violation of § 100.204 for the owner or manager of Progress Gardens to refuse to make this accommodation. Without a reserved space, John might be unable to live in Progress Gardens at all or, when he has to park in a space far from his unit, might have great difficulty getting from his car to his apartment unit. The accommodation therefore is necessary to afford John an equal opportunity to use and enjoy a dwelling. The accommodation is reasonable because it is feasible and practical under the circumstances.

[Codified to 24 C.F.R. § 100.204]

§ 100.205  Design and construction requirements.

(a)  Covered multifamily dwellings for first occupancy after March 13, 1991 shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991, if the dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued by a state, county or local government on or before June 15, 1990. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.

(b)  The application of paragraph (a) of this section may be illustrated by the following examples:

Example (1):  A real estate developer plans to construct six covered multifamily dwelling units on a site with a hilly terrain. Because of the terrain, it will be necessary to climb a long and steep stairway in order to enter the dwellings. Since there is no practical way to provide an accessible route to any of the dwellings, one need not be provided.

Example (2):  A real estate developer plans to construct a building consisting of 10 units of multifamily housing on a waterfront site that floods frequently. Because of this unusual characteristic of the site, the builder plans to construct the building on stilts. It is customary for housing in the geographic area where the site is located to be built on stilts. The housing may lawfully be constructed on the proposed site on stilts even though this means that there will be no practical way to provide an accessible route to the building entrance.

Example (3):  A real estate developer plans to construct a multifamily housing facility on a particular site. The developer would like the facility to be built on the site to contain as many units as possible. Because of the configuration and terrain of the site, it is possible to construct a building with 105 units on the site provided the site does not have an accessible route leading to the building entrance. It is also possible to construct a building on the site with an accessible route leading to the building entrance. However, such a building would have no more than 100 dwelling units. The building to be constructed on the site must have a building entrance on an accessible route because it is not impractical to provide such an entrance because of the terrain or unusual characteristics of the site.

(c)  All covered multifamily dwellings for first occupancy after March 13, 1991 with a building entrance on an accessible route shall be designed and constructed in such a manner that--

(1)  The public and common use areas are readily accessible to and usable by handicapped persons;

(2)  All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(3)  All premises within covered multifamily dwelling units contain the following features of adaptable design:

(i)  An accessible route into and through the covered dwelling unit;

(ii)  Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii)  Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower, stall and shower seat, where such facilities are provided; and

(iv)  Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(d)  The application of paragraph (c) of this section may be illustrated by the following examples:

Example (1):  A developer plans to construct a 100 unit condominium apartment building with one elevator. In accordance with paragraph (a), the building has at least one accessible route leading to an accessible entrance. All 100 units are covered multifamily dwelling units and they all must be designed and constructed so that they comply with the accessibility requirements of paragraph (c) of this section.

Example (2):  A developer plans to construct 30 garden apartments in a three story building. The building will not have an elevator. The building will have one accessible entrance which will be on the first floor. Since the building does not have an elevator, only the ground floor units are covered multifamily units. The ground floor is the first floor because that is the floor that has an accessible entrance. All of the dwelling units on the first floor must meet the accessibility requirements of paragraph (c) of this section and must have access to at least one of each type of public or common use area available for residents in the building.

(e)(1)  Compliance with the appropriate requirements of ICC/ANSI A117.1--2003 (incorporated by reference at § 100.201a), ICC/ANSI A117.1--1998 (incorporated by reference at § 100.201a), CABO/ANSI A117.1--1992 (incorporated by reference at § 100.201a), or ANSI A117.1--1986 (incorporated by reference at § 100.201a) suffices to satisfy the requirements of paragraph (c)(3) of this section.

(2)  The following also qualify as HUD-recognized safe harbors for compliance with the Fair Housing Act design and construction requirements:

(i)  Fair Housing Accessibility Guidelines, March 6, 1991, in conjunction with the Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers About the Guidelines, June 28, 1994;

(ii)  Fair Housing Act Design Manual, published by HUD in 1996, updated in 1998;

(iii)  2000 ICC Code Requirements for Housing Accessibility (CRHA), published by the International Code Council (ICC), October 2000 (with corrections contained in ICC-issued errata sheet), if adopted without modification and without waiver of any of the provisions;

(iv)  2000 International Building Code (IBC), as amended by the 2001 Supplement to the International Building Code (2001 IBC Supplement), if adopted without modification and without waiver of any of the provisions intended to address the Fair Housing Act's design and construction requirements;

(v)  2003 International Building Code (IBC), if adopted without modification and without waiver of any of the provisions intended to address the Fair Housing Act's design and construction requirements, and conditioned upon the ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating, "ICC interprets Section 1104.1, and specifically, the Exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exceptions 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7."

(vi)  2006 International Building Code; published by ICC, January 2006, with the January 31, 2007, erratum to correct the text missing form Section 1107.7.5, if adopted without modification and without waiver of any of the provisions intended to address the Fair Housing Act's design and construction requirements, and interpreted in accordance with the relevant 2006 IBC Commentary;

(3)  Compliance with any other safe harbor recognized by HUD in the future and announced in the Federal Register will also suffice to satisfy the requirements of paragraph (c)(3) of this section.

(f)  Compliance with a duly enacted law of a state or unit of general local government that includes the requirements of paragraphs (a) and (c) of this section satisfies the requirements of paragraphs (a) and (c) of this section.

(g)(1)  It is the policy of HUD to encourage states and units of general local government to include, in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraphs (a) and (c) of this section.

(2)  A state or unit of general local government may review and approve newly constructed multifamily dwellings for the purpose of making determinations as to whether the requirements of paragraphs (a) and (c) of this section are met.

(h)  Determinations of compliance or noncompliance by a state or a unit of general local government under paragraph (f) or (g) of this section are not conclusive in enforcement proceedings under the Fair Housing Amendments Act.

(i)  This subpart does not invalidate or limit any law of a state or political subdivision of a state that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this subpart.

[Codified to 24 C.F.R. § 100.205]

[Section 100.205 amended at 56 Fed. Reg. 11665, March 20, 1991, effective April 19, 1991; 73 Fed. Reg. 63616, October 24, 2008, effective November 24, 2008]

Subpart E—Housing for Older Persons

§ 100.300  Purpose.

The purpose of this subpart is to effectuate the exemption in the Fair Housing Amendments Act of 1988 that relates to housing for older persons.

[Codified to 24 C.F.R. § 100.300]

§ 100.301  Exemption.

(a)  The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of §§ 100.302, 100.303 or § 100.304.

(b)  Nothing in this part limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

[Codified to 24 C.F.R. § 100.301]

§ 100.302  State and federal elderly housing programs.

The provisions regarding familial status in this part shall not apply to housing provided under any federal or state program that the Secretary determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.

[Codified to 24 C.F.R. § 100.302]

§ 100.303  62 or over housing.

(a)  The provisions regarding familial status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:

(1)  There are persons residing in such housing on September 13, 1988 who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;

(2)  There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over;

(3)  There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

(b)  The following examples illustrate the application of paragraph (a) of this section:

Example (1):  John and Mary apply for housing at the Vista Heights apartment complex which is an elderly housing complex operated for persons 62 years of age or older. John is 62 years of age. Mary is 59 years of age. If Vista Heights wishes to retain its "62 or over" exemption it must refuse to rent to John and Mary because Mary is under 62 years of age. However, if Vista Heights does rent to John and Mary, it might qualify for the "55 or over" exemption in § 100.304.

Example (2):  The Blueberry Hill retirement community has 100 dwelling units. On September 13, 1988, 15 units were vacant and 35 units were occupied with at least one person who is under 62 years of age. The remaining 50 units were occupied by persons who were all 62 years of age or older. Blueberry Hill can qualify for the "62 or over" exemption as long as all units that were occupied after September 13, 1988 are occupied by persons who were 62 years of age or older. The people under 62 in the 35 units previously described need not be required to leave for Blueberry Hill to qualify for the "62 or over" exemption.

[Codified to 24 C.F.R. § 100.303]

§ 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) (42 U.S.C. 3607(b)) of the Fair Housing Act as amended; and

(ii)  24 CFR 100.305, 100.306, and 100.307.

(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.

[Codified to 24 C.F.R. § 100.304]

[Section 100.304 amended at 60 Fed. Reg. August 18, 1995, effective September 18, 1995; 61 Fed. Reg. 14379, April 1, 1996, effective May 1, 1996; 61 Fed. Reg. 18249, April 25, 1996, effective May 1, 1996; 64 Fed. Reg. 16329, April 2, 1999, effective May 3, 1999]

§ 100.305  80 percent occupancy.

(a)  In order for a housing facility or community to qualify as housing for older persons under § 100.304, at least 80 percent of its occupied units must be occupied by at least one person 55 years of age or older.

(b)  For purposes of this subpart, occupied unit means:

(1)  A dwelling unit that is actually occupied by one or more persons on the date that the exemption is claimed; or

(2)  A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.

(c)  For purposes of this subpart, occupied by at least one person 55 years of age or older means that on the date the exemption for housing designed for persons who are 55 years of age or older is claimed:

(1)  At least one occupant of the dwelling unit is 55 years of age or older; or

(2)  If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacated was 55 years of age or older.

(d)  Newly constructed housing for first occupancy after March 12, 1989 need not comply with the requirements of this section until at least 25 percent of the units are occupied. For purposes of this section, newly constructed housing includes a facility or community that has been wholly unoccupied for at least 90 days prior to re-occupancy due to renovation or rehabilitation.

(e)  Housing satisfies the requirements of this section even though:

(1)  On September 13, 1988, under 80 percent of the occupied units in the housing facility or community were occupied by at least one person 55 years of age or older, provided that at least 80 percent of the units occupied by new occupants after September 13, 1988 are occupied by at least one person 55 years of age or older.

(2)  There are unoccupied units, provided that at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.

(3)  There are units occupied by employees of the housing facility or community (and family members residing in the same unit) who are under 55 years of age, provided the employees perform substantial duties related to the management or maintenance of the facility or community.

(4)  There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents as required by § 100.204 and who are under the age of 55.

(5)  For a period expiring one year from the effective date of this final regulation, there are insufficient units occupied by at least one person 55 years of age or older, but the housing facility or community, at the time the exemption is asserted:

(i)  Has reserved all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80 percent of the units are occupied by at least one person who is 55 years of age or older; and

(ii)  Meets the requirements of §§ 100.304, 100.306, and 100.307.

(f)  For purposes of the transition provision described in § 100.305(e)(5), a housing facility or community may not evict, refuse to renew leases, or otherwise penalize families with children who reside in the facility or community in order to achieve occupancy of at least 80 percent of the occupied units by at least one person 55 years of age or older.

(g)  Where application of the 80 percent rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years of age or older.

(h)  Each housing facility or community may determine the age restriction, if any, for units that are not occupied by at least one person 55 years of age or older, so long as the housing facility or community complies with the provisions of § 100.306.

[Codified to 24 CFR § 100.305]

[Section 100.305 added at 64 Fed. Reg. 16329, April 2, 1999, effective May 3, 1999]

§ 100.306  Intent to operate as housing assigned for persons who are 55 years of age or older.

(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)

[Codified to 24 CFR § 100.306]

[Section 100.306 added at 64 Fed. Reg. 16330, April 2, 1999, effective May 3, 1999]

§ 100.307  Verification of occupancy.

(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.

[Codified to 24 CFR § 100.307]

[Section 100.307 added at 64 Fed. Reg. 16330, April 2, 1999, effective May 3, 1999]

§ 100.308  Good faith defense against civil money damages.

(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.

[Codified to 24 CFR § 100.308]

[Section 100.308 added at 64 Fed. Reg. 16330, effective May 3, 1999]

Subpart F—Interference, Coercion or Intimidation

§ 100.400 Prohibited interference, coercion, or intimidation.

(a)  This subpart provides the Department's interpretation of the conduct that is unlawful under section 818 of the Fair Housing Act.

(b)  It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this part.

(c)  Conduct made unlawful under this section includes, but is not limited to, the following:

(1)  Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, handicap, familial status, or national origin.

(2)  Threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of such persons, or of visitors or associates of such persons.

(3)  Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the race, color, religion, sex, handicap, familial status, or national origin of that person or of any person associated with that person.

(4)  Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights granted or protected by this part.

(5)  Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act.

[Codified to 24 C.F.R. § 100.400]


Note:  This Appendix will not be Codified in Title 24 of the CFR.

Appendix

Examples of Applications of HUD's Regulations Governing the Exemption for Housing for Persons 55 Years of Age or Older to the Fair Housing Act

Sections

1.  Purpose.

2.  80 percent occupancy.

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

4.  Verification of occupancy.

5.  Future revisions to this appendix.

1.  Purpose.

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3601--3619) (the Act) exempts "housing for older persons" from the prohibitions against discrimination because of familial status. Section 807(b)(2)(C) of the Act exempts housing intended and operated for occupancy by persons 55 years of age or older that satisfies certain criteria. HUD has implemented the "housing for older persons" exemption at 24 CFR part 100, subpart E. Specifically, §§ 100.304, 100.305, 100.306, and 100.307 set forth the requirements for housing seeking to qualify for the exemption. The purpose of this appendix is to provide guidance to housing facilities or communities in applying these HUD requirements.

2.  80 Percent Occupancy.

Section 100.305 provides that in order for a housing facility or community to qualify for the exemption, at least 80 percent of its occupied units must be occupied by at least one person 55 years of age or older. This occupancy requirement must be met at the time of any alleged violation of the Act. Paragraph (f) of § 100.305 states that where application of the 80 percent rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years of age or older.

Example: A community or facility contains 63 occupied units. Eighty percent of 63 units equals 50.4. Under § 100.305(d), 51 units would require occupancy by at least one person 55 years of age or older to qualify as 55 and older housing.

Section 100.305 also sets forth the other requirements a housing facility or community must follow in calculating occupancy. The following examples illustrate these requirements:

Example 1:

Buena Vista is a condominium association of 120 units. On September 13, 1988, twenty (20) of the occupied units are not occupied by at least one person 55 years of age or older.

On April 1, 1998, Buena Vista declares itself to be housing for persons 55 years of age or older. On that date:

(1)  The twenty (20) persons described above are still residing at Buena Vista;

(2)  Ten (10) units of the total 120 units are unoccupied;

(3)  One (1) of the units is occupied by the association's maintenance supervisor; and

(4)  Two (2) units are occupied only by live-in health aides who provide reasonable accommodations to residents with disabilities and who are under the age of 55.

How many of the occupied units must be occupied by at least one person 55 years of age or older in order for Buena Vista to qualify as 55-or-older housing?

Under § 100.305(e), Buena Vista would calculate its compliance with the 80 percent occupancy requirement by subtracting the following units from the total 120 units:

(1)  The 20 units not occupied by at least one person 55 years of age or older on September 13, 1988 (See § 100.305(e)(1));

(2)  The ten (10) unoccupied units (See § 100.305(e)(2));

(3)  The one (1) unit occupied by the maintenance person (See § 100.305(e)(3)); and

(4)  The two (2) units occupied by the health aides (See 42 U.S.C. 3607(b)(3)(A) and 42 § 100.305(e)(4)).

Subtracting these 33 units from the total of 120 units leaves 87 units. At least 80 percent of these 87 units must be occupied by at least one person 55 years of age or older. Eighty percent of 87 equals 69.6. Due to § 100.305(d), 70 units must be occupied by at least one person 55 years of age or older. This example assumes that the community also meets the requirements of §§ 100.306 and 100.307.

Example 2:

Topaz House is a cooperative of 100 units. On January 20, 1998, Topaz House announces its intent to be 55-or-older housing and publishes policies and procedures sufficient to satisfy § 100.306. On that date, of the 100 total units:

(1)  Sixty (60) of the occupied units are occupied by at least one person 55 years of age or older;

(2)  Thirty (30) of the occupied units do not have occupants 55 years of age or older; and

(3)  Ten (10) units are unoccupied.

Since 60 out of the 90 occupied units are occupied by at least one person 55 years of age or older, the Topaz House only has 67 percent of its occupied units occupied by at least one person 55 years of age or older.

Under § 100.305(e)(5), Topaz House may still qualify for the 55-or-older exemption if, during a period which is one year from the effective date of this regulation, it:

(1)  Reserves all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80 percent of the units are occupied by at least one person who is 55 years of age or older; and

(2)  Meets the requirements of §§ 100.304, 100.305, 100.306, and 100.307 and

(3)  Within the one year period achieves occupancy of at least 80% of its occupied units by at least one person who is 55 years of age or older.

There is no requirement that Topaz House take any action concerning the residents under 55 years of age who are occupying units on the date the building declares its intent to be 55-or-older housing. Topaz may not evict, or terminate the leases of households containing children under the age of 18, in order to qualify for the exemption.

Example 3:

Snowbird City is a mobile home community in Texas with 100 units. Snowbird City complies with all other requirements of 55-or-older housing, but is uncertain of its compliance with the 80 percent occupancy rule.

Fifty out of the 100 units are occupied year round. Of these fifty units, 12 units are not occupied by at least one person 55 years of age or older. Of the remaining 50 units, 5 are unoccupied and offered for sale, and the remaining 45 are occupied by at least one person 55 years of age or older each winter on a routine and reoccurring basis.

If a complaint of familial status discrimination is filed in December, the community meets the 80 percent occupancy requirement because 83 out of the 95 occupied units (87 percent), are occupied by at least one person 55 years of age or older. If the complaint is filed in July, Snowbird City still meets the requirement. Under § 100.305(b), a temporarily vacant unit is considered occupied by a person 55 years of age or older if:

(1)  The primary occupant has resided in the unit during the past year; and

(2)  The occupant intends to return on a periodic basis.

Example 4:

The King Phillip Senior Community is a newly renovated building originally built in 1952. It has been vacant for over one year while extensive renovations were completed. The building contains 200 units. The King Phillip Senior Community is intended to be operated as a 55-or-older community.

Under § 100.305(d), newly constructed housing need not comply with the 80 percent occupancy requirement until 25 percent of the total units are occupied. For purposes of § 100.305(d), newly constructed housing includes housing that has been unoccupied for at least 90 days due to renovation or rehabilitation. Accordingly, the King Phillip Senior Community need not comply with the 80 percent occupancy requirement until 50 out of its 200 units (25 percent) are occupied. Subsequent to occupancy of the 50th unit, however, the building will have to satisfy the 80 percent occupancy rule in order to qualify as 55-or-older housing.

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

Section 100.306 provides that in order for a housing facility or community to qualify as housing for persons 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. Section 100.306 also details the factors HUD will utilize to determine whether a housing facility or community has met this intent requirement. The following are examples of housing facilities and communities which satisfy the intent requirement described in § 100.306:

Example 1:

A mobile home park which takes the following actions satisfies the intent requirement:

(1)  Posts a sign indicating that the park is 55-or-older housing;

(2)  Includes lease provisions stating that the park intends to operate as 55-or-older housing; and

(3)  Has provided local realtors with copies of the lease provisions.

Example 2:

An area zoned by a unit of local government as "senior housing" satisfies the intent requirement if:

(1)  Zoning maps containing the "senior housing" designation are available to the public;

(2)  Literature distributed by the area describes it as "senior housing";

(3)  The "senior housing" designation is recorded in accordance with local property recording statutes; and

(4)  Zoning requirements include the 55-or-older requirement or a similar provision.

Example 3:

A condominium association satisfies the intent requirement if it has:

(1)  Adopted, through its rules and regulations, restrictions on the occupancy of units consistent with HUD's regulations governing 55-or-older housing at 24 CFR part 100, subpart E;

(2)  Has distributed copies of the rules to all occupants; and

(3)  Has notified local realtors of the restrictions.

The following is an example of a housing facility which has failed to satisfy the intent requirement described in § 100.306:

Example 4:

A homeowners association has failed to meet the intent requirement if it has Covenants, Conditions and Restrictions which refer to an "adult community," has posted a sign stating "A 40 and over community" and has restricted visiting children to a maximum of two weeks, but contain no similar restriction for visiting adults.

4.  Verification of occupancy.

Section 100.307 provides that in order for a housing facility or community to qualify as 55-or-older housing, it must be able to produce, in response to a complaint alleging a violation of the Act, verification of compliance with § 100.305 through reliable surveys and affidavits. Paragraph (d)(7) of § 100.307 includes self-certifications in a list of documents considered reliable documentation of the age of occupants. The self-certification may be included in a lease or other document, and must be signed by an adult member of the household asserting that at least one person in the unit is 55 years of age or older. The following examples provide acceptable provisions to demonstrate a self-certification process:

Example 1:

All new leases, new purchase agreements, or new applications contain a provision directly above the signatory line for lessees, asserting that at least one occupant of the dwelling will be 55 years of age or older. In addition, the community surveys all current residents for their occupancy status in compliance with the 55-or-older requirements.

Example 2: Sample certification.

I, (name), am 18 years of age or older and a member of the household that resides at (housing facility or community), (unit number or designation). I hereby certify that I have personal knowledge of the ages of the occupants of this household and that at least one occupant is 55 years of age or older.

Paragraph (e) of § 100.307 requires that the housing facility or community establish appropriate policies to require that all occupants comply with the age verification procedures. The following examples illustrate acceptable policies:

Example 1:

A condominium association establishes a rule that the board of directors must approve all new occupants. One criteria for approval is that new occupants of each unit inform the condominium association whether at least one person occupying the unit is 55 years of age or older.

Example 2:

A homeowners association amends its Covenants, Conditions and Restrictions, and records them at the appropriate government recording office. The amendments require applicants to state whether at least one occupant is 55 years of age or older.

Example 3:

The owner of a mobile home park where the residents own the coach but rent the land requires a statement of whether at least one occupant is 55 years of age or older before any sublease or new rental.

5.  Future revisions to this appendix.

HUD may update or revise this appendix as necessary.

Category #1 (Social Needs)

Social and Recreational Services provided on a regular, organized basis

Checkboxsoftball, golf, shuffleboard tournaments, lawn bowling, billiards or similar team activities

Checkboxbridge club, organized card games, chess, or checkers

Checkboxexercise classes--low-impact, stretching, t'ai-chi, swim-therapy

Checkboxbingo

Checkboxfellowship meetings

Checkboxmusical theater group

Checkboxdances, square dancing, polka, ballroom dancing

Checkboxat least weekly potluck dinners, breakfasts, luncheons, coffees

Checkboxcoordinated holiday parties for residents

CheckboxLions club, clubs or classes for sewing, needlepoint, art, gardening, music, books, golf, bowling, photography, travel, etc.

Checkboxcooking classes

Checkboxcrafts classes: ceramics, macrame, woodworking, jewelry, quilting, painting

Checkboxfield trips--bowling, sightseeing, concerts, plays, hiking, shopping outlets

Checkboxfashion shows

Checkboxon-site movies or other theatrical events

Checkboxliaison/coordination with activities at community-wide senior centers and activities

Checkboxemergency meal service for residents who are ill or in need

Checkboxorganized travel opportunities

Category #2 (Educational Needs)

Continuing education activities

Checkboxat least monthly presentations on subjects such as health care, nutrition, stress management, medicare, insurance, social security, tax preparation, vacation planning, gardening, crime prevention

Checkboxconsumer protection education

Checkboxregularly offered CPR classes

Checkboxregularly offered language study classes

Checkboxregularly offered videotapes on health care

Checkboxcourses available at local educational institutions

Checkboxlibrary with magazines for older persons and material available in large print

Category #3 (Educational Needs)

Information and counseling services

Checkboxproviding new residents with package of information about local services of interest to seniors

Checkboxbulletin board for exchange of information or services

Checkboxprinted resident directory provided to each resident

Checkboxfree information on cable TV programs for residents

Checkboxinternal or external support groups for residents

Checkboxseminars on the aging process

Checkboxon-site legal services

Checkboxinformational sessions on fire safety, mental health issues, political and environmental issues

Checkboxseminars on estate planning, dealing with death or other issues affecting older persons

Checkboxseminars on governmental benefits programs

Category #4 (Physical Needs)

Homemaker services

Checkboxemployees assist with housework or yardwork

Checkboxorganized committee of residents to perform light household tasks or yard work for those who cannot do them themselves

Checkboxreferrals to housecleaning services

Checkboxbill-paying services

Checkboxpet care/pet therapy services

Checkboxminor home repair service

Checkboxtool loan service

Category #5 (Safety Needs)

Outside maintenance/health and safety services

Checkboxon-staff medical personnel with first aid/CPR training

Checkboxon-staff repair, maintenance and painting services

Checkboxmeals on wheels

Checkboxlawn care and grass cutting, shrubbery and tree trimming

Checkboxsnow shoveling and plowing

Checkboxsystem for referrals to doctors or other health care professionals

Checkboxregular system to contact residents who are house-bound to make sure they are o.k.

Checkboxreferrals for transportation

Checkboxsystems for referrals to income tax preparer

Checkboxsystems for referrals to repair and maintenance services

Checkboxsecurity guards/patrols, organizing neighborhood or block watch

Checkboxorganizing committee of residents to do household repairs and yard work for those who cannot do them themselves

Checkboxexterior lighting-alarm systems monitoring

Checkboxvacation house watch

Checkboxlimited access to property by controlled access gate or similar system

Category #6 (Health Needs)

Emergency and preventative health care programs

Checkboxmeetings about nutrition, back care, breast cancer/self-examination/mammogram, prostate cancer screening, vision care, or other health care topics (see continuing education)

Checkboxmonthly blood pressure checks

Checkboxannual flu vaccine shots available

Checkboxperiodic vision or hearing tests

Checkboxstaff or volunteers pick up food from social services for mobility impaired seniors

Checkboxorganizing committee or buddy system of residents to do errors for people who become ill and/or to stay with sick persons while their spouses do errands

Checkboxemergency telephone network, staff or volunteers monitor people who have serious medical problems

Checkboxdoctor/medical facilities located within two miles of facility

Checkboxhealth care equipment pool for resident use

This housing facility has determined to provide and does in fact provide at least 10 of the following services and facilities by offering at least 2 facilities or services in at least 5 of the following categories, including specifically at least two facilities from category 10 or from category 11. This housing facility also limits occupancy consistent with the Fair Housing Act which requires that at least 80% of units be occupied by at least one person who is 55 years of age or older. As housing for older persons, we claim an exemption from the provisions of the Fair Housing Act regarding discrimination based on familial status--that is, the presence of persons under the age of 18.

Category #7 (Social/Health Needs)

Congregate dining

Checkboxavailable congregate dining for at least one meal each day

Checkboxsit-down meal service

Checkboxspecial menus for dietary needs

Checkboxactivities conducted in conjunction with congregate dining

Category #8 (Transportation)

Transportation to facilitate access to social services

Checkboxtransportation provided to doctors' offices, shopping, religious services, outside social or recreational activities

Checkboxpublic bus stop or train station within walking distance and bus schedules and maps available

Checkboxorganized system to provide transportation for residents who cannot drive

Checkboxsign-up board for shared transportation needs

Checkboxshared ride services to social events, functions, medical care, shopping

Category #9 (Social Needs)

Services to encourage and assist residents to use available facilities and services

Checkboxvolunteer or staff activity planner

Checkboxswimming or water aerobics instructors

Checkboxdance or exercise instructors

Checkboxcrafts instructors

Checkboxnewsletters, newspapers or flyers informing residents of activities, trips, clubs, etc.

Checkboxmonthly calendar of events

Checkboxresident council or committees to encourage participation in activities

Category #10 (Leisure Needs)

Social and Recreational Facilities

Checkboxclubhouse, communal kitchen, or communal dining area

Checkboxlibrary with large print books or subscriptions to publications targeted to older persons

Checkboxsauna, jacuzzi or whirlpool

Checkboxrecreation or game room, arts and crafts room, community room or meeting room

Checkboxtelevision room for communal use with VCR

Checkboxexercise equipment

Checkboxping pong, pool or billiard tables, shuffleboard courts, horseshoe pits or bocce ball (with functional equipment)

Checkboxgolf course

Checkboxstage, piano and dance floor

Checkboxwoodworking shop

Checkboxrestaurant for resident use

Checkboxbank

Checkboxlegal assistance

Checkboxtravel agency

Checkboxconvenience store

Checkboxbarber shop

Checkboxdry cleaners

Checkboxhair salon

Checkboxlapidary

Checkboxkiln

Checkboxfishing pond

Category #11 (Health/Safety Needs)

Accessible physical environment

Checkboxaccessible clubhouse

Checkboxat least one accessible bathroom facility in public and common use areas

Checkboxramps (curbs or drainage ditches are cut or ramped to allow wheelchair/walker access)

Checkboxramped sidewalks in public and common use areas; stairs at a minimum

Checkboxbenches in public and common use areas

Checkboxassigned and designated parking spaces, including handicapped parking

Checkboxaccessible swimming pool (i.e., ramped entrance to pool area)

Checkboxaccessible management office

Checkboxaccessible dining area or activity area

Checkboxvans, buses available with wheelchair lifts or easy access for persons with mobility difficulties

CheckboxLift to assist in swimming pool use

Checkboxamplifiers provided on at least 25% of public phones

Category #12 (Social, Leisure, Health, Safety or Educational Needs)

Other

CheckboxAny facility or service which is not listed above but which is designed to meet the health, safety, social or leisure needs of persons who are 55 and older and which is actually available to and used by residents of the property. (Describe)

SIGNED UNDER PENALTY OF PERJURY OF THE LAWS OF THE UNITED STATES OF AMERICA:

____________________________________________

signature

____________________________________________

printed name

____________________________________________

title

____________________________________________

authorized representative of the above named housing provider

[Uncodified]

[Appendix added at 60 Fed. Reg. 43332, August 18, 1995, effective September 18, 1995]

[End Consumer Protection]

[The tab card "FRB Regulations" follows this.]

*24 CFR Parts 100--125. Go back to Text


[Table of Contents] [Previous Page] [Next Page] [Search]

Last updated December 28, 2012 regs@fdic.gov