(a) Nothing in this title shall
prohibit a religious organization, association, or society, or any
nonprofit institution or organization operated, supervised or controlled
by or in conjunction with a religious organization, association, or
society, from limiting the sale, rental or occupancy of dwellings
which it owns or operates for other than a commercial purpose to persons
of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color,
sex, or national origin. Nor shall anything in this title prohibit
a private club not in fact open to the public, which as an incident
to its primary purpose or purposes provides lodgings which it owns
or operates for other than a commercial purpose, from limiting the
rental or occupancy of such lodgings to its members or from giving
preference to its members.
6-1456.1
(b) (1) Nothing in this title 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 title 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 at least one person 55 years of age or older per unit. In determining
whether housing qualifies as housing for older persons under this
subsection, the Secretary shall develop regulations which require
at least the following factors:
(i) the existence of significant
facilities and services specifically designed to meet the physical
or social needs of older persons, or if the provision of such facilities
and services is not practicable, that such housing is necessary to
provide important housing opportunities for older persons; and
(ii) that at least 80 percent
of the units are occupied by at least one person 55 years of age or
older per unit; and
(iii)
the publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons 55 years of age or older.
6-1456.2
(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 the date of enactment of this
Act who do not meet the age requirements of subsections (2)(B) or
(C): Provided, That new occupants of such housing meet the
age requirements of subsections (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 (2)(B) or (C).
(4) Nothing in this title 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 102 of
the Controlled Substances Act (21 U.S.C. 802).
(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
(ii) the
facility or community has stated formally, in writing, that the facility
or community complies with the requirements for such exemption.
[42 USC 3607. As amended
by acts of Sept. 13, 1988 (102 Stat. 1622) and Dec. 28, 1995 (109
Stat. 787, 788).]
