TITLE VIII FAIR HOUSING RECAP
Significant Recent Changes
1. In addition to expanding the number of protected classes and creating new enforcement procedures, the 1988 amendments to the Fair Housing Act also created an exemption to the provisions baring discrimination on the basis of familial status for those housing developments that qualified as housing for persons age 55 or older. The Housing for Older Persons Act of 1995 (HOPA) makes several changes to the 55 and older exemption. First, it eliminates the requirement that 55 and older housing have "significant facilities and services" designed for the elderly. Second, HOPA establishes a "good faith reliance" immunity from damages for persons who in good faith believe that the 55 and older exemption applies to a particular property, if they do not actually know that the property is not eligible for the exemption and if the property has formally stated in writing that it qualifies for the exemption.
HOPA retains the requirement that housing must have one person who is 55 years of age or older living in at least 80% of its occupied units. It also still requires that housing publish and follow policies and procedures that demonstrate an intent to be housing for persons 55 and older (rather than housing for adults or for singles, for example).
An exempt property will not violate the Fair Housing Act if it excludes families with children, but it does not have to do so. Of course, the property must meet the Act's requirements that at least 80% of its occupied units have at least one occupant who is 55 or older, and that it publish and follow policies and procedures which demonstrate an intent to be 55 and older housing.
On April 2, 1999, HUD published a final regulation implementing the HOPA. The HOPA final regulation became effective on May 3, 1999.
2. Changes were made to enhance law enforcement including amendments to criminal penalties in section 901 of the Civil Rights Act of 1968 for violations of the Fair Housing Act in Title VIII. See Section 320103(e) of the Violent Crime Control and Law Enforcement Act of 1994. P.L. 103-322 (9/13/94).
3. Changes were made to provide incentives for self- testing by lenders for discrimination under the Fair Housing Act and the Equal Credit Opportunity Act. See Title II, subtitle D of the Omnibus Consolidated Appropriations Act, 1997, P.L. 104- 208 (9/30/96).
Legal Authority: Fair Housing Act, 42 U.S.C. 3601, et seq; 24 CFR Parts 100, 103, and 104.
Program Status: Fair Housing Enforcement (Title VIII), excludes grant programs, is covered by Salaries and Expense Account appropriations.
Significant Recent Changes
1. In addition to expanding the number of protected classes and creating new enforcement procedures, the 1988 amendments to the Fair Housing Act also created an exemption to the provisions baring discrimination on the basis of familial status for those housing developments that qualified as housing for persons age 55 or older. The Housing for Older Persons Act of 1995 (HOPA) makes several changes to the 55 and older exemption. First, it eliminates the requirement that 55 and older housing have "significant facilities and services" designed for the elderly. Second, HOPA establishes a "good faith reliance" immunity from damages for persons who in good faith believe that the 55 and older exemption applies to a particular property, if they do not actually know that the property is not eligible for the exemption and if the property has formally stated in writing that it qualifies for the exemption.
HOPA retains the requirement that housing must have one person who is 55 years of age or older living in at least 80% of its occupied units. It also still requires that housing publish and follow policies and procedures that demonstrate an intent to be housing for persons 55 and older (rather than housing for adults or for singles, for example).
An exempt property will not violate the Fair Housing Act if it excludes families with children, but it does not have to do so. Of course, the property must meet the Act's requirements that at least 80% of its occupied units have at least one occupant who is 55 or older, and that it publish and follow policies and procedures which demonstrate an intent to be 55 and older housing.
On April 2, 1999, HUD published a final regulation implementing the HOPA. The HOPA final regulation became effective on May 3, 1999.
2. Changes were made to enhance law enforcement including amendments to criminal penalties in section 901 of the Civil Rights Act of 1968 for violations of the Fair Housing Act in Title VIII. See Section 320103(e) of the Violent Crime Control and Law Enforcement Act of 1994. P.L. 103-322 (9/13/94).
3. Changes were made to provide incentives for self- testing by lenders for discrimination under the Fair Housing Act and the Equal Credit Opportunity Act. See Title II, subtitle D of the Omnibus Consolidated Appropriations Act, 1997, P.L. 104- 208 (9/30/96).
Legal Authority: Fair Housing Act, 42 U.S.C. 3601, et seq; 24 CFR Parts 100, 103, and 104.
Program Status: Fair Housing Enforcement (Title VIII), excludes grant programs, is covered by Salaries and Expense Account appropriations.