24 Cfr Part 100 - Implementation Of The Housing For Older Persons Act Of 1995; Final Rule - U.s. Department Of Housing And Urban Development Page 2
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Federal Register / Vol. 64, No. 63 / Friday, April 2, 1999 / Rules and Regulations
‘‘housing for older persons’’ from the
persons who are 55 years of age or older
DEPARTMENT OF HOUSING AND
Act’s prohibitions against
provide ‘‘significant facilities and
URBAN DEVELOPMENT
discrimination because of familial
services specifically designed to meet
status. Section 807(b)(2)(C) of the Act
the physical or social needs of older
24 CFR Part 100
exempts housing intended and operated
persons.’’ HOPA also added the new
[Docket No. FR–4094–F–02]
for occupancy by persons 55 years of
requirement that a housing facility or
age or older which satisfies certain
community seeking the 55-and-older
RIN 2529–AA80
criteria. HUD has adopted implementing
exemption comply with HUD
Implementation of the Housing for
regulations further defining the
regulations on verification of
Older Persons Act of 1995
‘‘housing for older persons’’ exemption
occupancy.
In addition, section 3 of HOPA added
at 24 CFR part 100, subpart E.
: Office of the Assistant
AGENCY
The Housing for Older Persons Act of
a new section 807(b)(5) to the Act. This
Secretary for Fair Housing and Equal
1995 (Pub. L. 104–76, 109 Stat. 787,
new section established a good faith
Opportunity, HUD.
approved December 28, 1995) (HOPA)
defense against civil money damages for
: Final rule.
ACTION
revised the definition of the original
a person who reasonably relies in good
exemption contained in the Act for
faith on the application of the housing
: This rule implements the
SUMMARY
housing designed and operated for
for older persons exemption, even
Housing for Older Persons Act of 1995
occupancy by persons who are 55 years
when, in fact, the housing facility or
(HOPA). HOPA amended the
of age of older. Section 2 of HOPA
community does not qualify for the
requirements for qualification for the
redefined this portion of the exemption
exemption. New section 807(b)(5)
housing for persons who are 55 years of
to describe housing:
provides:
age or older portion of the ‘‘housing for
older persons’’ exemption established in
(C) Intended and operated for occupancy
(5)(A) A person shall not be held
by persons 55 years of age or older, and—
personally liable for monetary damages for a
the Fair Housing Act. In addition,
(i) At least 80 percent of the occupied units
violation of this title if such person
HOPA established a good faith defense
are occupied by at least one person who is
reasonably relied, in good faith, on the
against civil money damages for persons
55 years of age or older;
application of the exemption under this
who reasonably relied in good faith on
(ii) The housing facility or community
subsection relating to housing for older
the application of the ‘‘housing for older
publishes and adheres to policies and
persons.
persons’’ exemption even when, in fact,
procedures that demonstrate the intent
(B) For purposes of this paragraph, a
the housing provider did not qualify for
required under this subparagraph; and
person may only show good faith reliance on
the exemption. This rule updates HUD’s
(iii) The housing facility or community
the application of the exemption by showing
complies with rules issued by the Secretary
that—
regulations to reflect the changes made
[of HUD] for verification of occupancy,
(i) such person has no actual knowledge
by HOPA.
which shall—
that the facility or community is not, or will
: May 3, 1999.
EFFECTIVE DATE
(I) Provide for verification by reliable
not be, eligible for such exemption; and
: Sara
surveys and affidavits; and
FOR FURTHER INFORMATION CONTACT
(ii) The facility or community has stated
(II) Include examples of the types of
K. Pratt, Director, Office of Enforcement,
formally, in writing, that the facility or
policies and procedures relevant to a
community complies with the requirements
Office of Fair Housing and Equal
determination of compliance with the
for such exemption.
Opportunity, Room 5206, 451 Seventh
requirement of clause (ii). Such surveys and
Street, SW, Washington, DC 20410–
B. This Rule
affidavits shall be admissible in
0500, telephone (202) 708–0836. (This is
administrative and judicial proceedings for
This rule revises § 100.304, which
not a toll-free number.) Hearing or
the purposes of such verification.
presents an overview of the exemption,
speech-impaired individuals may reach
The new requirements under HOPA
to more closely track the HOPA
this office by calling the toll-free Federal
are equivalent to the original provisions
requirements. The rule also creates a
Information Relay Service (TTY) at 1–
of the Fair Housing Act. Like the
new § 100.305, which updates the 80
800–877–8399.
original section 807(b)(C) of the Act,
percent occupancy requirements. A new
:
SUPPLEMENTARY INFORMATION
HOPA requires that a facility or
§ 100.306 describes how a facility or
community seeking to claim the 55 and
community may establish its intent to
Information Collection Requirements
older exemption show three factors: (1)
operate as housing designed for persons
The information collection
That the housing be intended and
at least 55 years of age or older. New
requirements contained in §§ 100.306
operated for persons 55 years of age or
§ 100.307 sets forth the necessary
and 100.307 of this rule have been
older; (2) that at least 80 percent of the
procedures for verification of the 80
submitted to the Office of Management
occupied units be occupied by at least
percent occupancy requirements.
and Budget (OMB) for review under the
one person who is 55 years of age or
Finally, a new § 100.308 implements the
Paperwork Reduction Act of 1995 (44
older; and (3) the housing facility or
good faith defense against civil money
U.S.C. 3501–3520) and have been
community publish and adhere to
damages.
assigned approval number 2529–0046.
Section 2 of HOPA requires that any
policies and procedures that
An agency may not conduct or sponsor,
implementing HUD regulations
demonstrate its intent to qualify for the
and a person is not required to respond
‘‘include examples of the types of
exemption. The housing facility or
to, a collection of information unless the
policies and procedures relevant to a
community must also comply with rules
collection displays a valid control
determination of compliance with’’ the
issued by HUD for the verification of
number.
statute’s intent requirement.
occupancy.
One substantive change made by
Accordingly, paragraph (a) of § 100.306
I. Background
HOPA was the elimination of
lists several factors which HUD
A. The Housing for Older Persons Act of
‘‘significant facilities and services’’
considers relevant in determining
1995
previously required by the Act to meet
whether the housing facility or
The Fair Housing Act (Title VIII of the
the 55-and-older exemption. Section
community intends to operate as
Civil Rights Act of 1968, as amended, 42
807(b)(2)(C) of the Act originally
housing for older persons. Section
U.S.C. 3601–3619) (the Act) exempts
required that housing designed for
100.306(b) states, however, that such
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