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[Journal of the House of Representatives, 1995]
[Thursday, April 6, 1995 (57), Para 57.12 Housing for Older Persons]
[Pages 585-586]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.57.12  housing for older persons

  The SPEAKER pro tempore, Mr. HASTINGS of Washington, pursuant to House 
Resolution 126 and rule XXIII, declared the House resolved into the 
Committee of the Whole House on the state of the Union for the 
consideration of the bill (H.R. 660) to amend the Fair Housing Act to 
modify the exemption from certain familial status discrimination 
prohibitions granted to housing for older persons.
  The SPEAKER pro tempore, Mr. HASTINGS of Washington, by unanimous 
consent, designated Mr. DUNCAN as Chairman of the Committee of the 
Whole; and after some time spent therein,
  The SPEAKER pro tempore, Mr. McINNIS, assumed the Chair.
  When Mr. DUNCAN, Chairman, pursuant to House Resolution 126, reported 
the bill back to the House with an amendment adopted by the Committee.
  The previous question having been ordered by said resolution.
  The following amendment, reported from the Committee of the Whole 
House on the state of the Union, was agreed to:

       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Housing for Older Persons 
     Act of 1995''.

     SEC. 2. DEFINITION OF HOUSING FOR OLDER PERSONS.

       Subparagraph (C) of section 807(b)(2) of the Fair Housing 
     Act (42 U.S.C. 3607(b)(2)) is amended to read as follows:
       ``(C) that meets the following requirements:
       ``(i) The housing is in a facility or community intended 
     and operated for the occupancy of at least 80 percent of the 
     occupied units by at least one person 55 years of age or 
     older.
       ``(ii) The housing facility or community publishes and 
     adheres to policies and procedures that demonstrate the 
     intent required under clause (i), whether or not such 
     policies and procedures are set forth in the governing 
     documents of such facility or community.
       ``(iii) The housing facility or community complies with 
     rules made by the Secretary for the verification of 
     occupancy. Such rules shall allow for that verification by 
     reliable surveys and affidavits and shall include examples of 
     the types of policies and procedures relevant to a 
     determination of compliance with the requirement of clause 
     (ii). Such surveys and affidavits shall be admissible in 
     administrative and judicial pro

[[Page 586]]

     ceedings for the purposes of such verification.''.

     SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE DEFENSE AGAINST 
                   CIVIL MONEY DAMAGES.

       Section 807(b) of the Fair Housing Act (42 U.S.C. 3607(b)) 
     is amended by adding at the end the following:
       ``(5) Good Faith Reliance.--(A) A person shall not be held 
     personally liable for monetary damages for a violation of 
     this title if such person reasonably relied, in good faith, 
     on the application of the exemption under this subsection 
     relating to housing for older persons.
       ``(B) For the purposes of this paragraph, a person engaged 
     in the business of residential real estate transactions may 
     show good faith reliance on the application of the exemption 
     by showing that--
       ``(i) such person has no actual knowledge that the facility 
     or community is not, or will not, be eligible for such 
     exemption; and
       ``(ii) the facility or community has certified to such 
     person, in writing and on oath or affirmation, that the 
     facility or community complies with the requirements for such 
     exemption.''.

  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. McINNIS, announced that the yeas had it.
  Mr. CANADY objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

424

When there appeared

Nays

5
```