[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 2247 Introduced in Senate (IS)] 103d CONGRESS 2d Session S. 2247 To amend the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 29 (legislative day, June 7), 1994 Mr. Gorton introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To amend the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing for Older Persons Act of 1994''. 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 community 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 procedures 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 requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.''. SEC. 3. GOOD FAITH ATTEMPT AT COMPLIANCE DEFENSE AGAINST CIVIL MONEY DAMAGES. Section 813 of the Fair Housing Act (42 U.S.C. 3613) is amended by adding at the end the following: ``(f) Good Faith Reliance.--(1) A person shall not be held personally liable for monetary damages for a violation of this title if such person relied, in good faith, on the application of the exemption under section 807(b) relating to housing for older persons. ``(2) For the purposes of this subsection, a person engaged in the business of residential real estate transactions is presumed to have relied, in good faith, on the application of the exemption under section 807(b) if-- ``(A) such person has no actual knowledge that the facility or community is not, or will not, be eligible for such exemption; and ``(B) the facility or community certifies to such person, in writing, that the facility or community complies with the requirements for such exemption.''. <all>