[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 458 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 458

    To provide for State housing occupancy standards, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 1997

Mr. Faircloth (for himself, Mr. Kyl, Mr. Warner, Mr. Lugar, Mr. Shelby, 
Mr. Inhofe, Mr. Bennett, Mr. Craig, Mr. Enzi, and Mr. Hagel) 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 housing 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. TREATMENT OF OCCUPANCY STANDARDS.

    (a) National Standard Prohibited.--During the 5-year period 
beginning on January 1, 1997, the Secretary of Housing and Urban 
Development shall not directly or indirectly establish a national 
occupancy standard.
    (b) State Standard.--If a State establishes an occupancy standard 
before the expiration of the period described in subsection (a)--
            (1) such standard shall be presumed reasonable for the 
        purpose of determining familial status discrimination in 
        residential rental dwellings; and
            (2) the Secretary shall not suspend, withdraw, or deny 
        certification of any State or local public agency based in 
        whole or in part on that State occupancy standard or its 
        operation.
    (c) Absence of State Standard.--If a State fails to establish an 
occupancy standard in accordance with this section before the 
expiration of the period described in subsection (a), an occupancy 
standard of 2 persons per bedroom established by a housing provider 
shall be presumed reasonable for the purpose of determining familial 
status discrimination in residential rental dwellings.
    (d) Definition.--
            (1) General rule.--Except as provided in paragraph (2), 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 properly manage in a dwelling 
        for any 1 or more of the following purposes--
                    (A) providing a decent home and services for each 
                resident;
                    (B) enhancing the livability of a dwelling for all 
                residents, including the dwelling for each particular 
                resident; and
                    (C) avoiding undue physical deterioration of the 
                dwelling and property.
            (2) 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.
    (e) Purposeful Discrimination.--Purposeful discrimination on the 
basis of race, color, religion, sex, familial status, handicap, or 
national origin is not affected by this section.
    (f) Effective Date.--This section shall be construed to have become 
effective on January 1, 1997.
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