[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Introduced in House (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.''.
<all>