[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Referred in Senate (RFS)]







104th CONGRESS
  1st Session
                                 H.R. 660


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 7 (legislative day, April 5), 1995

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
  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 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:
    ``(5) Good Faith Reliance.--(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 engaged in the 
business of residential real estate transactions may 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 certified to such 
        person, in writing and on oath or affirmation, that the 
        facility or community complies with the requirements for such 
        exemption.''.

            Passed the House of Representatives April 6, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.