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HUD/FHEO RIN: 2529-AA80 Publication ID: Spring 1998 
Title: Implementation of the Housing for Older Persons Act of 1995 (FR-4094) 
Abstract: The Housing for Older Persons Act (HOPA) of 1995 (Pub. L. 104-76), signed into law on December 28, 1995, amends the "55 and older housing" exemption to the Fair Housing Act's (the Act) prohibition against discrimination based on familial status. The HOPA eliminates the requirement that "housing for older persons" have significant services and facilities for their residents and establishes a good faith reliance defense for monetary damages based on the housing provider's legitimate belief that the housing was entitled to an exemption. In order to qualify for the "55 or over housing" exemption, a housing community must be able to meet the following criteria: 1) at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; 2) the publication and adherence to policies and procedures which demonstrate an intent by the owner or manage to provide housing for persons 55 years of age or older; and 3) verification of the ages of its residents through reliable surveys and affidavits. 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 100   
Legal Authority: 42 USC 3601 to 3619    42 USC 3535(d)   
Timetable:
Action Date FR Cite
NPRM  01/14/1997  62 FR 2000   
NPRM Comment Period End  03/17/1997    
Final Action  07/00/1998    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Included in the Regulatory Plan: No 
Agency Contact:
Sara K. Pratt
Deputy Assistant Secretary for Enforcement and Programs
Department of Housing and Urban Development
451 7th Street SW.,
Washington, DC 20410
Phone:202 402-6978