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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Housing for Older Per-
sons Act of 1995’’.
HR 660 RS
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 commu-
nity 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 proce-
dures 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 require-
ment of clause (ii). Such surveys and affidavits
shall be admissible in administrative and judi-
cial proceedings for the purposes of such ver-
ification.’’.
HR 660 RS
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 trans-
actions 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 eligi-
ble 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 re-
quirements for such exemption.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Housing for Older Per-
sons 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:
HR 660 RS
‘‘(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 deter-
mination of compliance with the require-
ment of clause (ii). Such surveys and affi-
davits shall be admissible in administrative
and judicial proceedings for the purposes of
such verification.’’.
HR 660 RS
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 ex-
emption by showing that—
‘‘(i) such person has no actual knowledge that
the facility or community is not, or will not be, eligi-
ble for such exemption; and
‘‘(ii) the facility or community has stated for-
mally, in writing, that the facility or community
complies with the requirements for such exemption.’’.
Passed the House of Representatives April 6, 1995.
Attest:
ROBIN H. CARLE,
Clerk.