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[104th Congress Public Law 76]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ76.104]

Public Law 104-76
104th Congress

                                 An Act

 
   To amend the Fair Housing Act to modify the exemption from certain 
familial status discrimination prohibitions granted to housing for older 
             persons. <<NOTE: Dec. 28, 1995 -  [H.R. 660]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Housing for 
Older Persons Act of 1995.>> 

SECTION 1. <<NOTE: 46 USC 3601 note.>> SHORT TITLE.

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

SEC. 2. DEFINITION OF HOUSING FOR OLDER PERSONS.

    Section 807(b)(2)(C) of the Fair Housing Act (42 U.S.C. 
3607(b)(2)(C)) is amended to read as follows:
            ``(C) intended and operated for occupancy by persons 55 
        years of age or older, and--
                    ``(i) at least 80 percent of the occupied units are 
                occupied by at least one person who is 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 this subparagraph; and
                    ``(iii) the housing facility or community complies 
                with rules issued by the Secretary for verification of 
                occupancy, which shall--
                          ``(I) provide for verification by reliable 
                      surveys and affidavits; and
                          ``(II) 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 
                      proceedings 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 new paragraph:
    ``(5)(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 may only 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 stated formally, in 
        writing, that the facility or community complies with the 
        requirements for such exemption.''.

    Approved December 28, 1995.

LEGISLATIVE HISTORY--H.R. 660:
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HOUSE REPORTS: No. 104-91 (Comm. on the Judiciary).
SENATE REPORTS: No. 104-172 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            Apr. 6, considered and passed House.
            Dec. 6, considered and passed Senate, amended.
            Dec. 18, House concurred in Senate amendment.

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