US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC3607]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 45--FAIR HOUSING
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 3607. Religious organization or private club exemption

    (a) Nothing in this subchapter 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, or national origin. Nor shall 
anything in this subchapter 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.
    (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
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    \1\ So in original. Probably should be ``paragraph''.
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        (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.

(Pub. L. 90-284, title VIII, Sec. 807, Apr. 11, 1968, 82 Stat. 84; Pub. 
L. 100-430, Sec. 6(d), Sept. 13, 1988, 102 Stat. 1622; Pub. L. 104-76, 
Secs. 2, 3, Dec. 28, 1995, 109 Stat. 787.)

                          Codification

    September 13, 1988, referred to in subsec. (b)(3)(A), was in the 
original ``the date of enactment of this Act'', which was translated as 
meaning the date of enactment of Pub. L. 100-430, which enacted subsec. 
(b) of this section, to reflect the probable intent of Congress.


                               Amendments

    1995--Subsec. (b)(2)(C). Pub. L. 104-76, Sec. 2, amended subpar. (C) 
generally. Prior to amendment, subpar. (C) read as follows: ``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.''
    Subsec. (b)(5). Pub. L. 104-76, Sec. 3, added par. (5).
    1988--Pub. L. 100-430 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-430 effective on 180th day beginning after 
Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out as a note 
under section 3601 of this title.


                               Regulations

    Pub. L. 102-550, title IX, Sec. 919, Oct. 28, 1992, 106 Stat. 3883, 
provided that: ``The Secretary of Housing and Urban Development shall, 
not later than 180 days after the date of the enactment of this Act 
[Oct. 28, 1992], make rules defining what are `significant facilities 
and services especially designed to meet the physical or social needs of 
older persons' required under section 807(b)(2) of the Fair Housing Act 
[42 U.S.C. 3607(b)(2)] to meet the definition of the term `housing for 
older persons' in such section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3603, 3604 of this title.