[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3385 Introduced in House (IH)]

  2d Session
                                H. R. 3385

   To affirm the role of the States in setting reasonable occupancy 
                   standards, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 1996

  Mr. McCollum (for himself, Mr. Lazio of New York, Mrs. Roukema, Mr. 
   Bereuter, Mr. Baker of Louisiana, Mr. Bentsen, Mr. Hayworth, Mr. 
Stockman, Mr. Bliley, Mr. Frelinghuysen, Mr. Goodlatte, Mr. Gene Green 
  of Texas, Mr. Livingston, Mr. Moran, Mrs. Myrick, Mr. Pickett, Ms. 
   Pryce, and Mr. Shadegg) introduced the following bill; which was 
     referred to the Committee on Banking and Financial Services, 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To affirm the role of the States in setting reasonable occupancy 
                   standards, and for other purposes.

    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 ``State Occupancy Standards 
Affirmation Act of 1996''.

SEC. 2. OCCUPANCY STANDARDS.

    (a) National Standard Prohibited.--Notwithstanding any other 
provision of law, the Secretary of Housing and Urban Development shall 
not directly or indirectly establish a national occupancy standard.
    (b) State Standard.--If a State establishes an occupancy standard--
            (1) such standard shall be considered reasonable; and
            (2) the Secretary shall take no action with respect to such 
        standard.
    (c) Absence of State Standard.--If a State fails to establish an 
occupancy standard, the Secretary shall take no action with respect to 
an occupancy standard of 2 persons per bedroom established by a housing 
provider.

SEC. 3. OCCUPANCY STANDARD DEFINED.

    (a) General Rule.--Except as provided in subsection (b), the term 
``occupancy standard'' means a law, regulation, or housing provider 
policy that establishes a limit on the number of residents a housing 
provider can properly manage in a dwelling for any 1 or more of the 
following purposes--
            (1) providing a decent home and services for each resident;
            (2) enhancing the livability of a dwelling for all 
        residents, including the dwelling for each particular resident; 
        and
            (3) avoiding undue physical deterioration of the dwelling 
        and property.
    (b) Exception.--The term ``occupancy standard'' does not include a 
Federal, State, or local restriction regarding the maximum number of 
persons permitted to occupy a dwelling for the sole purpose of 
protecting the health and safety of the residents of a dwelling, 
including building and housing code provisions.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect January 1, 1996.
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