[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1108 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1108

To affirm the role of States in setting reasonable occupancy standards, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1997

  Mr. McCollum (for himself, Mr. Bentsen, Mr. Lazio of New York, Mr. 
  Moran of Virginia, and Mrs. Roukema) introduced the following bill; 
 which was referred to the Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
To affirm the role of States in setting reasonable occupancy standards, 
                        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. SHORT TITLE.

    This Act may be cited as the ``State Occupancy Standards 
Affirmation Act of 1997''.

SEC. 2. TREATMENT OF OCCUPANCY STANDARDS.

    (a) National Standard Prohibited.--The Secretary shall not directly 
or indirectly establish a national occupancy standard.
    (b) State Standard.--If a State establishes an occupancy standard, 
such standard shall be presumed reasonable for the purpose of 
determining familial status discrimination in residential rental 
dwellings.
    (c) Absence of State Standard.--If a State fails to establish an 
occupancy standard, an occupancy standard of 2 persons per bedroom plus 
infants that is established by a housing provider shall be presumed 
reasonable for the purpose of determining familial status 
discrimination in residential rental dwellings.
    (d) Definitions.--
            (1) Occupancy standard.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``occupancy standard'' means a law, 
                regulation, or housing provider policy that establishes 
                a limit on the number of residents a housing provider 
                can manage in a dwelling for any 1 or more of the 
                following purposes:
                            (i) Providing a decent home and services 
                        for each resident.
                            (ii) Enhancing the livability of a dwelling 
                        for all residents, including the dwelling for 
                        each particular resident.
                            (iii) Avoiding undue physical deterioration 
                        of the dwelling and property.
                    (B) Exception.--The term ``occupancy standard'' 
                does not include a Federal, State, or local restriction 
                regarding the maximum number of persons permitted to 
                occupy a dwelling for the sole purpose of protecting 
                the health and safety of the residents of a dwelling, 
                including building and housing code provisions.
            (2) Infant.--The term ``infant'' means a child who--
                    (A) is less than 6 months old; and
                    (B) sleeps in the same bedroom as the child's 
                parent, guardian, legal custodian, or person applying 
                for that status with respect to that child.
    (e) Inapplicability.--This section does not apply to any purposeful 
discrimination on the basis of race, color, religion, sex, familial 
status, handicap, or national origin.
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