Certification of Compliance with the Fair Housing Act

(For use only in conjunction with age restrictions in FHA-insured properties)

Applicant must check appropriate options ( i.e ., For a refinance, 1; For substantial rehabilitation, 2):

1. Refinance

______ If the application is for a refinance loan, Owner/Borrower certifies that the housing identified in the application for FHA-insured financing is not required by a HUD program to provide housing to non-elderly persons (including children and persons with disabilities), and meets all elderly and/or age use restrictions imposed by the relevant federal, state or local program. In addition, Owner/Borrower certifies that the housing is operated consistent with the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and its regulations, 24 C.F.R. parts 100 and 103. Owner/Borrower does not discriminate based on race, color, religion, national origin, sex, or disability. Owner/Borrower is operating the housing as housing for older persons, as defined in the Fair Housing Act, 42 U.S.C. § 3607(b)(2), allowing it to exclude families with children under the age of 18. Owner/Borrower certifies that for at least 3 years the housing in its entirety has been:

Intended and operated for occupancy by persons 55 years of age or older, pursuant to 42 U.S.C. § 3607(b)(2)(C); 24 C.F.R. § 100.304-100.307, specifically:

• i. at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older, pursuant to 42 U.S.C. § 3607(b)(2)(C)(i); 24 C.F.R. § 100.305; and

• ii. the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent to be housing for persons 55 years or older, pursuant to 42 U.S.C. § 3607(b)(2)(C)(ii); 24 C.F.R. § 100.306; and

• iii. the housing facility or community complies with HUD’s rules for verification of occupancy, including conducting and maintaining a record of reliable surveys and affidavits at least once every two years showing that at least 80% of the occupied units are occupied by at least one person who is 55 years of age or older, and producing such surveys and affidavits upon request, pursuant to 42 U.S.C. § 3607(b)(2)(C)(iii); 24 C.F.R. § 100.307.