Text: H.R.660 — 104th Congress (1995-1996)All Information (Except Text)
Public Law No: 104-76 (12/28/1995)
[104th Congress Public Law 76]
[From the U.S. Government Printing Office]
Public Law 104-76
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
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
``(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
SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE; DEFENSE AGAINST CIVIL MONEY
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
``(i) such person has no actual knowledge that the facility
or community is not, or will not be, eligible for such
``(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:
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.