[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30457]
[[Page Unknown]]
[Federal Register: December 12, 1994]
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Part VI
Department of Housing and Urban Development
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Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
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24 CFR Part 100
Housing for Older Persons--Defining Significant Facilities and
Services; Notice of Withdrawal of Proposed Rule; Proposed Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
24 CFR Part 100
[Docket No. R-94-1706; FR-3502-N-05]
RIN 2529-AA66
Housing for Older Persons--Defining Significant Facilities and
Services--Notice of Withdrawal of Proposed Rule
AGENCY: Office of the Secretary and Office of the Assistant Secretary
for Fair Housing and Equal Opportunity, HUD.
ACTION: Notice of withdrawal of proposed rule.
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SUMMARY: This notice announces the intent of the Department of Housing
and Urban Development not to proceed to final rulemaking on the July 7,
1994 proposed rule that would have amended 24 CFR part 100 to implement
section 919 of the Housing and Community Development Act of 1992.
Section 919 requires the Secretary of HUD to issue ``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 to meet the definition of the
term `housing for older persons' in such section.'' The Department
intends to issue a second proposed rule concerning implementation of
section 919.
DATES: This withdrawal is made on December 12, 1994.
FOR FURTHER INFORMATION CONTACT: Sara Pratt, Director, Office of
Investigations, Office of Fair Housing and Equal Opportunity, room
5204, U.S. Department of Housing and Urban Development, 451 Seventh
Street SW., Washington, DC 20410-0500, telephone (202) 708-0836 (not a
toll-free number). The toll-free TDD number is: 1-800 877-9275.
SUPPLEMENTARY INFORMATION:
I. Background
The Fair Housing Act (Title VIII of the Civil Right Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-19)
exempts ``housing for older persons'' from the prohibitions against
discrimination because of familial status. The purpose of the
prohibition against discrimination on the basis of familial status and
the ``housing for older persons'' exemption is to protect families with
children from discrimination in housing without unfairly limiting
housing choices for elderly persons (see 134 Cong. Rec. S 19722 (Aug.
1, 1988) statement of Senator Karnes).
On January 23, 1989 (54 FR 3232), HUD published a final rule
implementing the Fair Housing Act. This rule included regulations
governing housing for older persons. The ``housing for older persons''
regulations implement, among other things, section 807(b)(2)(C) of the
Fair Housing Act, which exempts housing intended and operated for
occupancy by at least one person 55 years of age or older per unit that
satisfies certain criteria. These regulations are codified in 24 CFR
part 100, subpart E.
The Congress mandated that, in determining whether housing
qualifies as housing for persons 55 years of age or older, the
Secretary develop regulations which require at least the following
factors:
(1) 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 is not practicable,
that such housing is necessary to provide important housing
opportunities for older persons; and
(2) That at least 80 percent of the units are occupied by at least
one person 55 years of age or older per unit; and
(3) 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.
Section 919 of the Housing and Community Development Act of 1992
(Pub. L. 102-550, approved October 28, 1992 (the 1992 Act)), requires
the Secretary of HUD to issue rules further 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 to meet the definition of the term
``housing for older persons.'' On July 7, 1994 (59 FR 34902), the
Department published a proposed rule that would define the significant
facilities and services requirements governing ``55 or over housing,''
as required by section 919. The July 7, 1994 proposed rule provided for
a public comment period that extended through November 30, 1994. In
addition to the July 7, 1994 proposed rule, the Department held five
public meetings on the proposed rule across the country. The meetings
took place in Fontana, CA; Tampa, FL; Phoenix, AZ; Washington, DC; and
Spokane, WA.
Based on the written comments received on the proposed rule, and
the comments received at the five public meetings, the Department
intends to propose significant changes to the July 7, 1994 proposed
rule. As a result of the significant changes to the July 7, 1994
proposed rule, the Department intends to issue a second proposed rule,
and not proceed to final rulemaking on the July 7, 1994 proposed rule.
On the basis of the public comments received on the July 7, 1994
proposed rule, the proposals to be made in the second proposed rule
include: (1) Providing for a simple self-certification process so that
a senior community can feel secure that it is a senior community; (2)
clarifying that expensive facilities and services such as medical
facilities and congregate dining are not required; and (3) providing
greater weight to services provided by the residents and homeowners
themselves, and recognizing that sense of community and self-help that
is an essential part of senior citizen living. The second proposed
rule, which is anticipated to be issued in the first quarter of
calendar year 1995, will address these issues in greater detail, and
solicit public comment.
Dated: December 6, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 94-30457 Filed 12-9-94; 8:45 am]
BILLING CODE 4210-28-P
