[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Proposed Rules]
[Page 14890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6912]
[[Page 14889]]
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Part VII
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 100
Housing for Older Persons; Defining Significant Facilities and
Services; Proposed Amendments; Correction; Proposed Rule
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 /
Proposed Rules
[[Page 14890]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 100
[Docket No. R-95-1706; FR-3502-C-07]
Housing for Older Persons; Defining Significant Facilities and
Services; Proposed Amendments; Correction
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Proposed rule; Correction.
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SUMMARY: On March 14, 1995 (60 FR 13840), HUD published a rule which
proposed 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 purpose of this document is to make a correction to the
section of the proposed rule which sets forth the standards by which to
ascertain whether a facility or service is ``significant'' or
``especially designed to meet the physical or social needs of older
persons.''
FOR FURTHER INFORMATION CONTACT: Sara K. Pratt, 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.
Hearing or speech-impaired individuals may call HUD's TDD number (202)
708-0113, or 1-800-877-8399 (Federal Relay Service TDD). (Other than
the ``800'' number, these are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: The Fair Housing Act (Title VIII of the
Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act
of 1988, 42 U.S.C. 3601-19) (the Act) exempts ``housing for older
persons'' from the prohibitions against discrimination because of
familial status. Specifically, section 807(b)(2)(C) of the Act exempts
housing intended and operated for occupancy by at least one person 55
years of age or older per unit that satisfies certain criteria. HUD has
implemented the housing for older persons exemption at 24 CFR part 100,
subpart E.
Section 919 of the Housing and Community Development Act of 1992
(Pub. L. 102-550, approved October 28, 1992) requires the Secretary of
HUD to issue a rule 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 March 14, 1995 (60 FR 13840) HUD published a rule which proposed
to implement the requirements of section 919 of the Housing and
Community Development Act of 1992. This document makes a correction to
proposed Sec. 100.306, which sets forth the standards by which to
ascertain whether a facility or service is ``significant'' or
``especially designed to meet the physical or social needs of older
persons.''
Proposed Sec. 100.306 sets forth a diverse ``menu'' of facilities
and services which a community may choose to provide. The facilities
and services are listed under twelve broad categories (e.g. Social
Needs, Leisure Needs, Educational Needs). The preamble to the March 14,
1995 proposed rule discusses Sec. 100.306 on page 13841, column one,
paragraph four. The preamble states that ``[i]n order to qualify as 55-
or-over housing, the community must provide at least two facilities or
services from five of the categories, for a total of at least ten
facilities or services.''
However, paragraph (c) of proposed Sec. 100.306 reads: ``A housing
provider provides significant facilities and services if it makes
available, directly or indirectly, at least 2 facilities or services of
the facilities described in paragraph (d)(10) of this section (category
10) or in paragraph (d)(11) of this section (category 11).'' The phrase
``in at least 5 categories described in paragraph (d) of this section,
including at least two'' should have followed the phrase ``at least 2
facilities or services.'' This document inserts the missing phrase.
Accordingly, FR Doc. 95-1706, Housing for Older Persons; Defining
Significant Facilities and Services; Proposed Amendments, published in
the Federal Register on March 14, 1995 (60 FR 13840) is corrected as
follows:
1. On page 13843, in column 2, paragraph (c) of Sec. 100.306 is
corrected to read as follows:
Sec. 100.306 Significant facilities and services specifically designed
for older persons.
* * * * *
(c) A housing provider provides significant facilities and services
if it makes available, directly or indirectly, at least 2 facilities or
services in at least five categories described in paragraph (d) of this
section, including at least 2 of the facilities described in paragraph
(d)(10) of this section (category 10) or in paragraph (d)(11) of this
section (category 11).
* * * * *
Dated: March 15, 1995.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 95-6912 Filed 3-16-95; 2:20 pm]
BILLING CODE 4210-28-P
