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Home My WebLink AboutCity of Tamarac Resolution R-91-0353 Temp. Reso. # S99/ CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91- ,:��-D� f A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA ` URGING THE BROWARD COUNTY LEAGUE OF CITIES AND THE FLORIDA LEAGUE OF CITIES TO SUPPORT A BILL TO CLARIFY AND MODIFY THE REQUIREMENTS THAT MUST BE MET IN ORDER TO COMPLY WITH THE DEFINITION OF "HOUSING FOR OLDER PERSONS" AS IT RELATES TO HOUSING FOR PERSONS 55 OR OLDER; AND TO PROTECT PERSONS FROM CIVIL LIABILITY FOR GOOD FAITH ACTIONS TAKEN IN AN 3o EFFORT TO COMPLY WITH THE "HOUSING FOR OLDER PERSONS" AND PROVIDING FOR AN EFFECTIVE DATE. 13 33 13 WHEREAS, the City of Tamarac is concerned about ig the potential for civil liability -based on the Fair Housing Act of 1988? and 17 is WHEREAS, the City of Tamarac would like further 2 clarification and modification of the requirements of the Fair Housing Act of 1988 relating to "Familial Status" discrimination and "housing for older persons"; and WHEREAS, the City of Tamarac urges the Broward 5 County League of Cities and the Florida League of 26 Cities to support a bill to clarify and modify the 27 requirements of the Fair Housing., Amendments Act of 28 1988; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF al THE CITY OF TAMARAC, FLORIDA; SECTION 1 s That the City of Tamarac urges the Broward County League of Cities and the Florida League of Cities to support a bill to clarify and modify the requirements that must be met in order to comply with the definition of "housing for older persons" as it relates to housing for older persons 55 or older; and I 2 3 1 i f 20 25 26 27 2e 29 20 32 to prof u persons from civil liability for good faith actions taken in an effort to comply with the "housing for older persons" exemption as "housing for older persons". A sample copy of this bill is attached hereto and made a part hereof: SECTION 2 This Resolution shall become effective immediately upon its passage. Vt- PASSED, ADOPTED AND APPROVED this 45 day of , 1991. ATTEST: aj-'� CAROL A. EVANS CITY CLERK I HERESY CERTIFY that I have approved this RESOLUTION as to form. ALWFVRUF CITY ATT&RNEY AARP.RESOLUTION 1 NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL, VOTE C/M BENDER III: Tb clarify and to modify the re u i r :f. s that not be met in oar to comply with the definition of ' housing for older perm t " as it relates to housing for persona 55 or older; and to protect persons from civil liability for good faith actions taken in an effort to comply with the "housing for older Persons" exemption, as well as persons who rely upon the claim of a comity that it am plies with this exemption.. H3O: Zhe Fair Homing Arwr 41 Pill Act of 1988 created a new area of civil liability, based upon "familial status" discrimination, while at the same time attempting to provide an exemption for those communities that constitute "housing for older persons." However, the law does not provide any protection for, innocent persons who are attempting to aanply with the vague requirements for the exemption, or who are relying upon a claim that a Community complies. As examples, members of boards of directors of ecmanity associations are being personally sued in federal court for merely being a member of a board of directors that enacted an ant requiring persons to be'55 our older, in an effort to comply with the Fair Housing Act. Father, managers have been held personally liable for following the orders of owners, and real estate brokers and salespeople have no protection or guidance in regard to the manner in which they are to sell and rent properties in cm=riities that claim to be "housing -for older persons. It The current law has proven to be unworkable, and HUD has acknowledged that it is not able to clearly define what will constitute "significant facilities and services specifically designed to meet the physical or social needs of older persons." interpretations to date have been very strict, and are inconsistent with the original intent of mess to allow bona fide retirement a®aunities to be exempt from the new prohibitions of the Act. The requirements for the exemption have been modified to delete the requirement that "significant facilities and services" exist within a commnity, since it is felt that oacupa ry of the units by persons 55 years of age, and the requirement for policies and procedures dem nstrating an intent to provide housing for older persons, will naturally result in the provision of those facilities and services that a particular community is able to provide, and which the residents are able and willing to use and pay for. Another change is intended to clarify that a minim= of 80% of the twits must be occupied by one person 55 or older, and to require EM to develop regulations which will further define the manner in which ooaupancy is to be determined (e.g. when an owner is absent from a unit for a period of time, is the unit Considered to be still oocxipied by that awner?) , and the manner in which occxapancy can be proven in administrative or judicial proceedings (there are no current proced=w established far verifying and proving oeraparr-y) . A new subsection would be added to the law, protecting from personal liability for monetary damages, provided that such imm�Zi� not apply in connection with any act or omission committed with actual knowledge that a community does not constitute "housing for older persons." A D I L L To amend the Fair Housing Act by modifying the requirements that must be met in order to comply with the definition of "housing for older persons," and providing limited immunity to certain individuals from civil liability, for good faith actions relating to a community that claims an exemption as "housing for older persons." 1 Be it enacted by the Senate and House of 2 Representatives of the United States of America in 3 Congress assembled, 4 SECTION 1. SHORT TITLE 5 This Act may be cited as the " 6 n 7 SECTION 2. FAIR HOUSING ACT AKENDME NTS . 8 The Fair Housing Act (42 U.S.C. 3601 et. seq. 9 is amended -- 10 -(1) in Section 807, by amending section (b)(2)(C) 11 to read as follows: 12 11(2) As used in this section, 'housing for 13 older persons' means housing -- 14 . • r 15 (C) intended and operated for occupancy 16 by at least one person 55 years of age or 17 older in at least 80 percent of the units 18 that are occupied, provided that the housing 19 .facility or community that is seeking this 20 exemption must i,publish and adhere, to 21 policies and procedures which demonstrate an 22 intent to provide housing for persons 55 0 23 years of age or older', and/or must amend its 24 governing documents for this purpose. The 25 Secretary shall develop regulations to 26 implement this subsection, including but not 27 limited to the following: 28 (1) guidelines as to the manner 29 in which occupancy is to be determined 30 and established, it being the intent of 31 this subsection that reliable surveys 32 or affidavits of the ages of owners and 33 occupants in a community are to be 34 admissible in administrative or judicial 35 proceedings to establish compliance with 36 the requirements of this subsection; and 37 (ii) examples of the types of 38 policies and procedures that will be 39 considered to be relevant in determining 40 the exempt status of a community. 41 (2) in Section 807, by adding a new subsection 42 (b)(5) to read as follows: 43 "(b)(5) Persons who act in good faith in 44 attempting to comply with the 'housing for older 45 persons' exemption provided for herein, or persons 46 who rely in good faith upon the representation by 47 an owner, manager, community association, or other 48 appropriate representative, to the effect that a 49 housing facility or community claims to qualify as 0 1 •1 �M 50 'housing for older persons,' shall not be 51 personally liable for monetary damages arising out 52 of such person's actions or failure to act; 53 provided, however, that such immunity from 54 liability will not apply in connection with any 55 act or omission committed with actual knowledge 56 that a facility or community does not comply. 57 It is intended that the good faith immunity 58 provided for herein shall be available to all 59 natural persons, including but not limited to 60 officers, directors and agents of community 61 associations, or other entities involved in the 62 development or management of such communities; 63 real estate agents involved in the listing, sale 64 or rental of such properties; and agents or 65 employees otherwise involved in the operation or 66 management of such communities. For purposes of 67 this subsection, in the absence of personal 68 knowledge that a community.cannot or does not 69 comply with the requirements for the 'housing for 70 older persons' exemption, it shall be presumed 71 that persons have acted in good faith in 72 attempting to enact or enforce restrictions 73 against persons under 55 years of age, or in 74 otherwise attempting to comply with the exemption 75 requirements set forth herein. Reliance upon the 76 opinions of counsel, or other qualified 77 professionals, shall also be relevant to the 78 determination of whether a person has acted in 79 'good faith$ for purposes of this subsection.■ •I •I .I. _ , � . ", . I.- 1.." --111., 1 '11.1''.."_1 -."I.Al, J I