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





                                                       Calendar No. 231

104th CONGRESS

  1st Session

                               H. R. 660

                          [Report No. 104-172]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                            November 9, 1995

                       Reported with an amendment





                                                       Calendar No. 231
104th CONGRESS
  1st Session
                                H. R. 660

                          [Report No. 104-172]


_______________________________________________________________________


                   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

                            November 9, 1995

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Housing for Older Persons 
Act of 1995''.</DELETED>

<DELETED>SEC. 2. DEFINITION OF HOUSING FOR OLDER PERSONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(C) that meets the following 
        requirements:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE DEFENSE AGAINST CIVIL 
              MONEY DAMAGES.</DELETED>

<DELETED>    Section 807(b) of the Fair Housing Act (42 U.S.C. 3607(b)) 
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(i) such person has no actual knowledge that the 
        facility or community is not, or will not, be eligible for such 
        exemption; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

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.''.

            Passed the House of Representatives April 6, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.