[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      December 6, 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
660) entitled ``An Act to amend the Fair Housing Act to modify the 
exemption from certain familial status discrimination prohibitions 
granted to housing for older persons'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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.

    Section 807(b)(2)(C) of the Fair Housing Act (42 U.S.C. 
3607(b)(2)(C)) is amended to read as follows:
            ``(C) intended and operated for occupancy by persons 55 
        years of age or older, and--
                    ``(i) at least 80 percent of the occupied units are 
                occupied by at least one person who is 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 this subparagraph; and
                    ``(iii) the housing facility or community complies 
                with rules issued by the Secretary for verification of 
                occupancy, which shall--
                            ``(I) provide for verification by reliable 
                        surveys and affidavits; and
                            ``(II) include examples of the types of 
                        policies 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 new paragraph:
    ``(5)(A) A person shall not be held personally liable for monetary 
damages for a violation of this title if such person reasonably relied, 
in good faith, on the application of the exemption under this 
subsection relating to housing for older persons.
    ``(B) For the purposes of this paragraph, a person may only show 
good faith reliance on the application of the exemption by showing 
that--
            ``(i) such person has no actual knowledge that the facility 
        or community is not, or will not be, eligible for such 
        exemption; and
            ``(ii) the facility or community has stated formally, in 
        writing, that the facility or community complies with the 
        requirements for such exemption.''.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 660

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                               AMENDMENT