Union Calendar No. 44

104TH CONGRESS

1ST SESSION H. R. 660

[Report No. 104–91]

A BILL

To amend the Fair Housing Act to modify the expersons. tion prohibitions granted to housing for older emption from certain familial status discriminaMARCH 28, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 44

104TH CONGRESS

1ST SESSION H. R. 660

[Report No. 104–91]

To amend the Fair Housing Act to modify the exemption from certain

familial status discrimination prohibitions granted to housing for older

persons.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 24, 1995

Mr. SHAW (for himself, Mr. BONO, Mr. CALVERT, Mr. GOSS, Mr. LEWIS of

California, Mr. CANADY of Florida, Mr. GALLEGLY, Mr. BILIRAKIS, Mr.

EMERSON, Mr. CUNNINGHAM, Mr. HASTINGS of Florida, Mr. MILLER of

Florida, and Mrs. SCHROEDER) introduced the following bill; which was

referred to the Committee on the Judiciary

MARCH 28, 1995

Additional sponsors: Mr. DEUTSCH, Mr. JOHNSTON of Florida, Mrs.

THURMAN, Mr. MICA, Mr. KIM, Mr. YOUNG of Alaska, Ms. DUNN of

Washington, Mr. SMITH of New Jersey, Mr. LINDER, Mr. STUMP, and

Mrs. SMITH of Washington

MARCH 28, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 24, 1995]

A BILL

To amend the Fair Housing Act to modify the exemption
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from certain familial status discrimination prohibitions

granted to housing for older persons.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Housing for Older Per5 sons Act of 1995’’.

6 SEC. 2. DEFINITION OF HOUSING FOR OLDER PERSONS.

7 Subparagraph (C) of section 807(b)(2) of the Fair

8 Housing Act (42 U.S.C. 3607(b)(2)) is amended to read as

9 follows:

10 ‘‘(C) that meets the following requirements:

11 ‘‘(i) The housing is in a facility or commu12 nity intended and operated for the occupancy of

13 at least 80 percent of the occupied units by at

14 least one person 55 years of age or older.

15 ‘‘(ii) The housing facility or community

16 publishes and adheres to policies and procedures

17 that demonstrate the intent required under

18 clause (i), whether or not such policies and pro19 cedures are set forth in the governing documents

20 of such facility or community.

21 ‘‘(iii) The housing facility or community

22 complies with rules made by the Secretary for

23 the verification of occupancy. Such rules shall

24 allow for that verification by reliable surveys
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1 and affidavits and shall include examples of the

2 types of policies and procedures relevant to a de3 termination of compliance with the requirement

4 of clause (ii). Such surveys and affidavits shall

5 be admissible in administrative and judicial

6 proceedings for the purposes of such verifica7 tion.’’.

8 SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE DEFENSE

9 AGAINST CIVIL MONEY DAMAGES.

10 Section 807(b) of the Fair Housing Act (42 U.S.C.

11 3607(b)) is amended by adding at the end the following:

12 ‘‘(5) GOOD FAITH RELIANCE.—(A) A person shall not

13 be held personally liable for monetary damages for a viola14 tion of this title if such person reasonably relied, in good

15 faith, on the application of the exemption under this sub16 section relating to housing for older persons.

17 ‘‘(B) For the purposes of this paragraph, a person en18 gaged in the business of residential real estate transactions

19 may show good faith reliance on the application of the ex20 emption by showing that—

21 ‘‘(i) such person has no actual knowledge that

22 the facility or community is not, or will not, be eligi23 ble for such exemption; and

24 ‘‘(ii) the facility or community has certified to

25 such person, in writing and on oath or affirmation,
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1 that the facility or community complies with the re2 quirements for such exemption.’’.