[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR100.307]

[Page 664-665]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table of Contents
 
                   Subpart E_Housing for Older Persons
 
Sec. 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 Sec. 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

[[Page 665]]

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 Sec. 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.

(Approved by the Office of Management and Budget under control number 
2529-0046)

[64 FR 16330, Apr. 2, 1999]