[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19315]
[[Page Unknown]]
[Federal Register: August 9, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Fair Housing and Equal
Opportunity
24 CFR Part 100
[Docket No. N-94-1706; FR-3502-N-02]
Housing for Older Persons: Defining Significant Facilities and
Services--Notice of Public Meetings on Proposed Rule
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Proposed Rule; Public Meetings.
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SUMMARY: This document announces four public meetings to be conducted
by the Assistant Secretary for Fair Housing and Equal Opportunity of
HUD (Assistant Secretary) to hear oral presentations from interested
parties on the Department's proposed rule concerning the definition of
``significant facilities and services specifically designed to meet the
physical or social needs of older persons'' under section 807(b)(2) of
the Fair Housing Act.
DATES: See ADDRESSES below.
ADDRESSES: Locations: The first meeting will be held in Fontana,
California on Monday, August 15, 1994, in the Fontana Performing Arts
Center, 9460 Sierra Avenue, Fontana, California, 92325.
The second meeting will be held in Tampa, Florida on Thursday,
August 25, 1994, in the Tampa Convention Center, 333 South Franklin
Street, Tampa, Florida, 33602.
The third meeting will be held in Phoenix, Arizona on Thursday,
September 29, 1994, in the City Council Chamber, City of Phoenix, 200
West Jefferson Street, Phoenix, Arizona, 85003.
The fourth meeting will be held in Washington, DC on Thursday,
October 6, 1994, in the National Aeronautics Space Administration
Auditorium, 300 E Street, SW., Washington, DC, 20546.
The meetings will convene at 9:00 a.m. and adjourn at 4:00 p.m.
unless otherwise extended by the Assistant Secretary or duly designated
Presiding Officer.
Attendance is open to the public but limited to the space
available. The meetings facilities are accessible to persons with
mobility impairments. Sign language interpreters and assistive
listening systems will be available for individuals with hearing
impairments. If you require any of these services, please contact HUD
as indicated below.
Any member of the public may file written comments with the Office
of Fair Housing and Equal Opportunity (FHEO), United States Department
of Housing and Equal Opportunity (HUD), during the comment period for
the proposed regulation.
Individuals, groups, and organizations that wish to make an oral
statement at a meeting should make a written request to do so and
should forward the text of their oral statement five work days in
advance of the meeting to HUD as indicated below.
Oral statements at the Washington meeting are limited to those
persons who have submitted written comments pursuant to the publication
of the proposed rule in the Federal Register on July 7, 1994 (59 FR
34902).
Opportunity for oral statements at the California, Arizona and
Florida meetings will include but not be limited to those who have
submitted written comments pursuant to the publication of the proposed
rule in the Federal Register on July 7, 1994 (59 FR 34902). To the
extent that time permits and within the discretion of the Assistant
Secretary or the Presiding Officer, other members of the public who
wish to present oral statements will be allowed to do so.
FOR FURTHER INFORMATION CONTACT: Requests to make oral presentations
contact: Peter Kaplan, Director, Office of Regulatory Initiatives and
Federal Coordination, Office of Fair Housing and Equal Opportunity,
HUD, Room 5242, 451 Seventh Street, S.W., Washington, DC 20410-0500,
telephone (202) 708-2904 (not a toll-free number). The toll-free TDD
number is l-800-877-8339.
SUPPLEMENTARY INFORMATION:
Subject of the Meeting
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] exempts ``housing for older persons'' from the prohibitions against
discrimination because of familial status. The purpose of the
prohibition against discrimination because 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 older persons.
On January 23, 1989, HUD published a final rule implementing the
Fair Housing Act (54 FR 3232). This rule included regulations governing
housing for older persons. The ``housing for older persons''
regulations implement 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 at 24 CFR part 100, subpart E.
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 specifically 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, HUD published a
proposed rule to implement the rulemaking required by section 919 of
the 1992 Act (59 FR 34902). The proposed rule advised that the
Assistant Secretary for Fair Housing and Equal Opportunity would
schedule a public meeting to hear from interested persons affected by
the proposed rule, issue a notice and announce the date, time, and
location of the meeting through a notice published in the Federal
Register. This notice of public meeting is issued pursuant to that
publication.
Procedures Governing the Conduct of the Public Meeting
A. General
The Assistant Secretary or duly designated Presiding Officer will
provide an overview of the regulations proposed by HUD. Then, a panel
chaired by the Assistant Secretary, or duly designated Presiding
Officer, will receive oral presentations from the participants in the
meeting.
1. Oral presentations will be scheduled at a prescribed time and
limited to matters concerning the proposed rule.
2. Speakers will appear in the order that they are called and shall
address the panel. The Assistant Secretary or duly designated Presiding
Officer may require speakers to make their oral presentations as part
of a panel with other speakers. If more individuals request an
opportunity to speak than can be heard in the time allotted, the
Assistant Secretary or duly designated Presiding Officer reserves the
right to select speakers and to reduce the amount of time made
available for oral presentations in order to ensure that the views of
as many persons as possible are heard. However, all written comments
will be considered in preparing the final rule.
B. Specific
1. The Meeting shall be convened promptly at the scheduled time by
the Assistant Secretary or duly designated Presiding Officer.
2. Speakers will appear in the order that they are called.
3. Oral presentations will be heard at prescribed times and for the
Washington meeting, only from those persons that have submitted written
comments on the proposed rule.
4. Speakers' comments shall be clear and succinct and where
appropriate cite the applicable section of the proposed rule. This will
assist with the effort to afford all speakers the opportunity to speak
within the time allotted.
5. Questioning of a speaker during or after his or her presentation
shall be done by the Assistant Secretary or duly designated Presiding
Officer, or any other member of the panel recognized by the Assistant
Secretary or duly designated Presiding Officer.
6. Members of the audience may be invited to direct questions to a
speaker by written note submitted to the Assistant Secretary or duly
designated Presiding Officer during any allotted Question and Answer
period.
7. Proceedings of the Meeting will be officially transcribed by the
Department.
8. This is a public Meeting and may be attended by news media. The
proceedings may be televised, filmed or photographed and testimony may
be broadcast or recorded for broadcasting without written consent.
9. The Assistant Secretary or duly designated Presiding Officer
will maintain order and any person who engages in threats or
intimidation of participants will be subject to criminal penalties
under 18 United States Code-505 and 42 United States Code 3631.
10. The Meeting will be adjourned at the scheduled time unless
otherwise announced by the Assistant Secretary or duly designated
Presiding Officer.
Dated: August 2, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 94-19315 Filed 8-8-94; 8:45 am]
BILLING CODE 4210-28-P
