Housing for Older Persons Act
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| Long title | Housing for Older Persons Act of 1995 |
|---|---|
| Acronyms (colloquial) | HOPA |
| Enacted by | the 104th United States Congress |
| Effective | December 28, 1995 |
| Citations | |
| Public law | 104-76 |
| Statutes at Large | 109 Stat. 787 |
| Codification | |
| Titles amended | 42 |
| U.S.C. sections created | 42 U.S.C. § 3601 |
| U.S.C. sections amended | 807 |
| Legislative history | |
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The Housing for Older Persons Act of 1995 (HOPA) (Pub.L. 104–76, 109 Stat. 787, enacted December 28, 1995) amends Title VIII of the Civil Rights Act of 1968 (Fair Housing Act). The consolidated Act is administered by the U.S. Department of Housing and Urban Development (HUD). The law was signed by President of the United States Bill Clinton on December 28, 1995.
HOPA amends the Fair Housing Act as follows:
The Act "amend[s] the Fair Housing Act to modify the exemption from certain familial status discrimination prohibitions granted to housing for older persons." The short title is the "Housing for Older Persons Act of 1995."
Section 2, defining "housing for older persons", amends Section 807(b)(2)(C) of the Fair Housing Act, as that being
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
A good faith attempt to comply with the Act is a defense against civil money damages; Section 807(b) of the Fair Housing Act is amended by adding:
(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 that--
(i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and
It was approved on December 28, 1995 and signed into law by President Bill Clinton.
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