Federal Housing for Older Persons Act

HR 660 IH

104th CONGRESS
1st Session
H. R. 660
To amend the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons.

IN THE HOUSE OF REPRESENTATIVES
January 24, 1995
Mr. SHAW (for himself, Mr. BONO, Mr. CALVERT, Mr. GOSS, Mr. LEWIS of California, Mr. CANADY of Florida, Mr. GALLEGLY, Mr. BILIRAKIS, Mr. EMERSON, Mr. CUNNINGHAM, Mr. HASTINGS of Florida, Mr. MILLER of Florida, and Mrs. SCHROEDER) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL
To amend the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Housing for Older Persons Act of 1995’.

SEC. 2. DEFINITION OF HOUSING FOR OLDER PERSONS.

    • Subparagraph (C) of section 807(b)(2) of the Fair Housing Act (

42 U.S.C. 3607(b)(2)

    ) is amended to read as follows:
    • ‘(C) that meets the following requirements:
      • ‘(i) The housing is in a facility or community intended and operated for the occupancy of at least 80 percent of the occupied units by at least one person 55 years of age or older.
      • ‘(ii) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under clause (i), whether or not such policies and procedures are set forth in the governing documents of such facility or community.
      • ‘(iii) The housing facility or community complies with rules made by the Secretary for the verification of occupancy. Such rules shall allow for that verification by reliable surveys and affidavits and shall include examples of the types of polices and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.’.

SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE DEFENSE AGAINST CIVIL MONEY DAMAGES.

    • Section 807(b) of the Fair Housing Act (

42 U.S.C. 3607(b)

    ) is amended by adding at the end the following:
    ‘(5) An individual who engages in conduct with a reasonable good faith reliance on the existence of the exemption of this subsection relating to housing for older persons is not personally liable for money damages for a violation of this Act that such an exemption would have vitiated. For the purposes of this paragraph, a person engaged in the business of residential real estate transactions is presumed to have such a good faith reliance if that person has no actual knowledge that the facility or community is not or will not be eligible for such exemption and the facility or community gives such person a written certification stating the compliance of the facility or community with the requirements for such exemption.’.

 

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