Chapter 45, Subchapter I, Section 3607, Subsection (b) · 42 U.S.C. Chapter 45

Contents

(b)

(1)Nothing in this subchapter limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this subchapter regarding familial status apply with respect to housing for older persons.

(2)As used in this section, “housing for older persons” means housing—

(A)provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or

(B)intended for, and solely occupied by, persons 62 years of age or older; or

(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 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.

(3)Housing shall not fail to meet the requirements for housing for older persons by reason of:

(A)persons residing in such housing as of September 13, 1988, who do not meet the age requirements of subsections 1 (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of subsections 1 (2)(B) or (C); or

(B)unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections 1 (2)(B) or (C).

(4)Nothing in this subchapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 802 of title 21.

(5)

(A)A person shall not be held personally liable for monetary damages for a violation of this subchapter 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 that—

(i)such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and

(ii)the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 20

Show every defined term

Aggrieved person
includes any person who—
Complainant
means the person (including the Secretary) who files a complaint under section 3610 of this title.
Conciliation
means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.
Conciliation agreement
means a written agreement setting forth the resolution of the issues in conciliation.
covered multifamily dwellings
means—
Discriminatory housing practice
means an act that is unlawful under section 3604, 3605, 3606, or 3617 of this title.
Dwelling
means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
fair housing enforcement organization
means any organization that—
Familial status
means one or more individuals (who have not attained the age of 18 years) being domiciled with— The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
Family
includes a single individual.
Handicap
means, with respect to a person— but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of title 21).
housing for older persons
means housing—
Person
includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, receivers, and fiduciaries.
Prevailing party
has the same meaning as such term has in section 1988 of this title.
qualified fair housing enforcement organization
means any organization that— An organization which is not solely engaged in fair housing enforcement activities may qualify as a qualified fair housing enforcement organization, provided that the organization is actively engaged in each of the activities listed in subparagraph (B).
residential real estate-related transaction
means any of the following:
Respondent
means—
Secretary
means the Secretary of Housing and Urban Development.
State
means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.
To rent
includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.