One stop legal reference
Housing for Older Persons Act
(HOPA)
United States Code, Title 42, Section 3607
42 USC § 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
(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.