[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 176 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 176

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

    Mr. McCollum (for himself, Ms. Pryce of Ohio, and Mr. Bentsen) 
 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 1999''.

SEC. 2. TREATMENT OF OCCUPANCY STANDARDS.

    Section 589 of the Quality Housing and Work Responsibility Act of 
1998 (42 U.S.C. 3608 note) is amended by adding at the end the 
following:
    ``(c) 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.
    ``(d) 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.
    ``(e) 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.
    ``(f) 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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