Calendar No. 231

104TH CONGRESS

1ST SESSION H. R. 660

[Report No. 104–172]

AN ACT

To amend the Fair Housing Act to modify the expersons. tion prohibitions granted to housing for older emption from certain familial status discriminaNOVEMBER 9, 1995

Reported with an amendment
II

Calendar No. 231

104TH CONGRESS

1ST SESSION H. R. 660

[Report No. 104–172]

IN THE SENATE OF THE UNITED STATES

APRIL 7 (legislative day, APRIL 5), 1995

Received; read twice and referred to the Committee on the Judiciary

NOVEMBER 9, 1995

Reported by Mr. HATCH, with an amendment

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

AN ACT

To amend the Fair Housing Act to modify the exemption

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’’.
2

HR 660 RS

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

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

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

4 as follows:

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

6 ‘‘(i) The housing is in a facility or commu7 nity intended and operated for the occupancy of

8 at least 80 percent of the occupied units by at

9 least one person 55 years of age or older.

10 ‘‘(ii) The housing facility or community

11 publishes and adheres to policies and proce12 dures that demonstrate the intent required

13 under clause (i), whether or not such policies

14 and procedures are set forth in the governing

15 documents of such facility or community.

16 ‘‘(iii) The housing facility or community

17 complies with rules made by the Secretary for

18 the verification of occupancy. Such rules shall

19 allow for that verification by reliable surveys

20 and affidavits and shall include examples of the

21 types of policies and procedures relevant to a

22 determination of compliance with the require23 ment of clause (ii). Such surveys and affidavits

24 shall be admissible in administrative and judi25 cial proceedings for the purposes of such ver26 ification.’’.
3

HR 660 RS

1 SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE DEFENSE

2 AGAINST CIVIL MONEY DAMAGES.

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

4 3607(b)) is amended by adding at the end the following:

5 ‘‘(5) GOOD FAITH RELIANCE.—(A) A person shall

6 not be held personally liable for monetary damages for a

7 violation of this title if such person reasonably relied, in

8 good faith, on the application of the exemption under this

9 subsection relating to housing for older persons.

10 ‘‘(B) For the purposes of this paragraph, a person

11 engaged in the business of residential real estate trans12 actions may show good faith reliance on the application

13 of the exemption by showing that—

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

15 the facility or community is not, or will not, be eligi16 ble for such exemption; and

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

18 such person, in writing and on oath or affirmation,

19 that the facility or community complies with the re20 quirements for such exemption.’’.

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Housing for Older Per23 sons Act of 1995’’.

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

25 Section 807(b)(2)(C) of the Fair Housing Act (42

26 U.S.C. 3607(b)(2)(C)) is amended to read as follows:
4

HR 660 RS

1 ‘‘(C) intended and operated for occupancy by

2 persons 55 years of age or older, and—

3 ‘‘(i) at least 80 percent of the occupied units

4 are occupied by at least one person who is 55

5 years of age or older;

6 ‘‘(ii) the housing facility or community

7 publishes and adheres to policies and procedures

8 that demonstrate the intent required under this

9 subparagraph; and

10 ‘‘(iii) the housing facility or community

11 complies with rules issued by the Secretary for

12 verification of occupancy, which shall—

13 ‘‘(I) provide for verification by reliable

14 surveys and affidavits; and

15 ‘‘(II) include examples of the types of

16 policies and procedures relevant to a deter17 mination of compliance with the require18 ment of clause (ii). Such surveys and affi19 davits shall be admissible in administrative

20 and judicial proceedings for the purposes of

21 such verification.’’.
5

HR 660 RS

1 SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE; DEFENSE

2 AGAINST CIVIL MONEY DAMAGES.

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

4 3607(b)) is amended by adding at the end the following new

5 paragraph:

6 ‘‘(5)(A) A person shall not be held personally liable

7 for monetary damages for a violation of this title if such

8 person reasonably relied, in good faith, on the application

9 of the exemption under this subsection relating to housing

10 for older persons.

11 ‘‘(B) For the purposes of this paragraph, a person may

12 only show good faith reliance on the application of the ex13 emption by showing that—

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

15 the facility or community is not, or will not be, eligi16 ble for such exemption; and

17 ‘‘(ii) the facility or community has stated for18 mally, in writing, that the facility or community

19 complies with the requirements for such exemption.’’.

Passed the House of Representatives April 6, 1995.

Attest: ROBIN H. CARLE,

Clerk.