[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1397

 To provide for State control over fair housing matters, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1995

Mr. Kyl (for himself and Mr. Faircloth) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for State control over fair housing matters, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECOGNITION OF STATE FAIR HOUSING LAWS.

    (a) Amendment of Fair Housing Act.--Section 807(b)(1) of the Fair 
Housing Act (42 U.S.C. 3607(b)(1)) is amended--
            (1) by striking ``(b)(1) Nothing'' and inserting 
        ``(b)(1)(A) Nothing''; and
            (2) by adding at the end the following:
    ``(B) A State law regarding the number of occupants permitted to 
occupy a dwelling--
            ``(i) shall be presumptively reasonable for the purposes of 
        determining familial status discrimination in residential 
        rental housing; and
            ``(ii) shall not form the basis of any action by the 
        Secretary to withdraw equivalency status from any State, 
        locality, or agency.
    ``(C) The Secretary shall not establish a de jure or de facto 
national occupancy code.
    ``(D) Each State, locality, or agency with HUD equivalency status 
shall have complete and final control over fair housing cases involving 
occupancy standards within its jurisdiction without the intervention of 
the Secretary.''.
    (b) Enforcement.--Notwithstanding any other provision of this Act, 
no funds shall be available to the Department of Housing and Urban 
Development under this Act to carry out the Fair Housing Act unless the 
Department complies with the amendment made by subsection (a).

SEC. 2. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply to cases 
filed on or after December 31, 1995.
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