[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30457]


[[Page Unknown]]

[Federal Register: December 12, 1994]


      
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Part VI





Department of Housing and Urban Development





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Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity



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24 CFR Part 100




Housing for Older Persons--Defining Significant Facilities and 
Services; Notice of Withdrawal of Proposed Rule; Proposed Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity

24 CFR Part 100

[Docket No. R-94-1706; FR-3502-N-05]
RIN 2529-AA66

 
Housing for Older Persons--Defining Significant Facilities and 
Services--Notice of Withdrawal of Proposed Rule

AGENCY: Office of the Secretary and Office of the Assistant Secretary 
for Fair Housing and Equal Opportunity, HUD.

ACTION: Notice of withdrawal of proposed rule.

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SUMMARY: This notice announces the intent of the Department of Housing 
and Urban Development not to proceed to final rulemaking on the July 7, 
1994 proposed rule that would have amended 24 CFR part 100 to implement 
section 919 of the Housing and Community Development Act of 1992. 
Section 919 requires the Secretary of HUD to issue ``rules defining 
what are `significant facilities and services especially designed to 
meet the physical or social needs of older persons' required under 
section 807(b)(2) of the Fair Housing Act to meet the definition of the 
term `housing for older persons' in such section.'' The Department 
intends to issue a second proposed rule concerning implementation of 
section 919.

DATES: This withdrawal is made on December 12, 1994.

FOR FURTHER INFORMATION CONTACT: Sara Pratt, Director, Office of 
Investigations, Office of Fair Housing and Equal Opportunity, room 
5204, U.S. Department of Housing and Urban Development, 451 Seventh 
Street SW., Washington, DC 20410-0500, telephone (202) 708-0836 (not a 
toll-free number). The toll-free TDD number is: 1-800 877-9275.

SUPPLEMENTARY INFORMATION:

I. Background

    The Fair Housing Act (Title VIII of the Civil Right Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-19) 
exempts ``housing for older persons'' from the prohibitions against 
discrimination because of familial status. The purpose of the 
prohibition against discrimination on the basis of familial status and 
the ``housing for older persons'' exemption is to protect families with 
children from discrimination in housing without unfairly limiting 
housing choices for elderly persons (see 134 Cong. Rec. S 19722 (Aug. 
1, 1988) statement of Senator Karnes).
    On January 23, 1989 (54 FR 3232), HUD published a final rule 
implementing the Fair Housing Act. This rule included regulations 
governing housing for older persons. The ``housing for older persons'' 
regulations implement, among other things, section 807(b)(2)(C) of the 
Fair Housing Act, which exempts housing intended and operated for 
occupancy by at least one person 55 years of age or older per unit that 
satisfies certain criteria. These regulations are codified in 24 CFR 
part 100, subpart E.
    The Congress mandated that, in determining whether housing 
qualifies as housing for persons 55 years of age or older, the 
Secretary develop regulations which require at least the following 
factors:
    (1) The existence of significant facilities and services 
specifically designed to meet the physical or social needs of older 
persons, or if the provision of such facilities is not practicable, 
that such housing is necessary to provide important housing 
opportunities for older persons; and
    (2) That at least 80 percent of the units are occupied by at least 
one person 55 years of age or older per unit; and
    (3) The publication of, and adherence to, policies and procedures 
which demonstrate an intent by the owner or manager to provide housing 
for persons 55 years of age or older.
    Section 919 of the Housing and Community Development Act of 1992 
(Pub. L. 102-550, approved October 28, 1992 (the 1992 Act)), requires 
the Secretary of HUD to issue rules further defining what are 
``significant facilities and services especially designed to meet the 
physical or social needs of older persons'' required under section 
807(b)(2) of the Fair Housing Act to meet the definition of the term 
``housing for older persons.'' On July 7, 1994 (59 FR 34902), the 
Department published a proposed rule that would define the significant 
facilities and services requirements governing ``55 or over housing,'' 
as required by section 919. The July 7, 1994 proposed rule provided for 
a public comment period that extended through November 30, 1994. In 
addition to the July 7, 1994 proposed rule, the Department held five 
public meetings on the proposed rule across the country. The meetings 
took place in Fontana, CA; Tampa, FL; Phoenix, AZ; Washington, DC; and 
Spokane, WA.
    Based on the written comments received on the proposed rule, and 
the comments received at the five public meetings, the Department 
intends to propose significant changes to the July 7, 1994 proposed 
rule. As a result of the significant changes to the July 7, 1994 
proposed rule, the Department intends to issue a second proposed rule, 
and not proceed to final rulemaking on the July 7, 1994 proposed rule.
    On the basis of the public comments received on the July 7, 1994 
proposed rule, the proposals to be made in the second proposed rule 
include: (1) Providing for a simple self-certification process so that 
a senior community can feel secure that it is a senior community; (2) 
clarifying that expensive facilities and services such as medical 
facilities and congregate dining are not required; and (3) providing 
greater weight to services provided by the residents and homeowners 
themselves, and recognizing that sense of community and self-help that 
is an essential part of senior citizen living. The second proposed 
rule, which is anticipated to be issued in the first quarter of 
calendar year 1995, will address these issues in greater detail, and 
solicit public comment.

    Dated: December 6, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 94-30457 Filed 12-9-94; 8:45 am]
BILLING CODE 4210-28-P