14890 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Proposed Rules

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.

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 § 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 § 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 § 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

§ 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 § 100.306 is corrected to

read as follows:

§ 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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