[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.