[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Proposed Rules]
[Page 14890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6912]




[[Page 14889]]

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Part VII





Department of Housing and Urban Development





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24 CFR Part 100



Housing for Older Persons; Defining Significant Facilities and 
Services; Proposed Amendments; Correction; Proposed Rule

  Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / 
Proposed Rules  

[[Page 14890]]

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 100

[Docket No. R-95-1706; FR-3502-C-07]


Housing for Older Persons; Defining Significant Facilities and 
Services; Proposed Amendments; Correction

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

ACTION: Proposed rule; Correction.

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SUMMARY: On March 14, 1995 (60 FR 13840), HUD published a rule which 
proposed 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 purpose of this document is to make a correction to the 
section of the proposed rule which sets forth the standards by which to 
ascertain whether a facility or service is ``significant'' or 
``especially designed to meet the physical or social needs of older 
persons.''

FOR FURTHER INFORMATION CONTACT: Sara K. Pratt, 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. 
Hearing or speech-impaired individuals may call HUD's TDD number (202) 
708-0113, or 1-800-877-8399 (Federal Relay Service TDD). (Other than 
the ``800'' number, these are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: The Fair Housing Act (Title VIII of the 
Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act 
of 1988, 42 U.S.C. 3601-19) (the Act) exempts ``housing for older 
persons'' from the prohibitions against discrimination because of 
familial status. Specifically, section 807(b)(2)(C) of the Act exempts 
housing intended and operated for occupancy by at least one person 55 
years of age or older per unit that satisfies certain criteria. HUD has 
implemented the housing for older persons exemption at 24 CFR part 100, 
subpart E.
    Section 919 of the Housing and Community Development Act of 1992 
(Pub. L. 102-550, approved October 28, 1992) requires the Secretary of 
HUD to issue a rule 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 March 14, 1995 (60 FR 13840) HUD published a rule which proposed 
to implement the requirements of section 919 of the Housing and 
Community Development Act of 1992. This document makes a correction to 
proposed Sec. 100.306, which sets forth the standards by which to 
ascertain whether a facility or service is ``significant'' or 
``especially designed to meet the physical or social needs of older 
persons.''
    Proposed Sec. 100.306 sets forth a diverse ``menu'' of facilities 
and services which a community may choose to provide. The facilities 
and services are listed under twelve broad categories (e.g. Social 
Needs, Leisure Needs, Educational Needs). The preamble to the March 14, 
1995 proposed rule discusses Sec. 100.306 on page 13841, column one, 
paragraph four. The preamble states that ``[i]n order to qualify as 55-
or-over housing, the community must provide at least two facilities or 
services from five of the categories, for a total of at least ten 
facilities or services.''
    However, paragraph (c) of proposed Sec. 100.306 reads: ``A housing 
provider provides significant facilities and services if it makes 
available, directly or indirectly, at least 2 facilities or services of 
the facilities described in paragraph (d)(10) of this section (category 
10) or in paragraph (d)(11) of this section (category 11).'' The phrase 
``in at least 5 categories described in paragraph (d) of this section, 
including at least two'' should have followed the phrase ``at least 2 
facilities or services.'' This document inserts the missing phrase.
    Accordingly, FR Doc. 95-1706, Housing for Older Persons; Defining 
Significant Facilities and Services; Proposed Amendments, published in 
the Federal Register on March 14, 1995 (60 FR 13840) is corrected as 
follows:
    1. On page 13843, in column 2, paragraph (c) of Sec. 100.306 is 
corrected to read as follows:


Sec. 100.306  Significant facilities and services specifically designed 
for older persons.

* * * * *
    (c) A housing provider provides significant facilities and services 
if it makes available, directly or indirectly, at least 2 facilities or 
services in at least five categories described in paragraph (d) of this 
section, including at least 2 of the facilities described in paragraph 
(d)(10) of this section (category 10) or in paragraph (d)(11) of this 
section (category 11).
* * * * *
    Dated: March 15, 1995.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 95-6912 Filed 3-16-95; 2:20 pm]
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