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U.S. Code as of:
01/19/04
Section 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.
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