Text: SSB00165 Text: SSB00167 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 216.12, subsection 4, Code 1997, is 1 2 amended to read as follows: 1 3 4. Discrimination on the basis of familial status 1 4 involving dwellings provided under any state or federal 1 5 program specifically designed and operated to assist elderly 1 6 persons, as defined in the state or federal program that the 1 7 commission determines to be consistent with determinations 1 8 made by the United States secretary of housing and urban 1 9 development, and discrimination on the basis of familial 1 10 status involving housing for older persons. As used in this 1 11 subsection, "housing for older persons" means housing 1 12communities consisting of dwellings intendedfor either of the 1 13 following: 1 14 a.For eighty percent occupancy by at least one person1 15fifty-five years of age or older per unit, and providing1 16significant facilities and services specifically designed to1 17meet the physical or social needs of the persons and the1 18housing facility must publish and adhereIntended and operated 1 19 for occupancy by persons fifty-five years of age or older and 1 20 if all of the following apply: 1 21 (1) At least eighty percent of the occupied units are 1 22 occupied by at least one person who is fifty-five years of age 1 23 or older. 1 24 (2) The housing facility or community publishes and 1 25 adheres to policies and procedures which demonstrate an intent 1 26 by the owner or manager to provide housing for persons fifty- 1 27 five years of age or older. 1 28 (3) The housing facility or community complies with rules 1 29 issued by the United States secretary of housing and urban 1 30 development for verification of occupancy as provided for in 1 31 42 U.S.C. } 3607(b)(2). 1 32 b.ForIntended for and occupied solely by persons sixty- 1 33 two years of age or older. 1 34 Sec. 2. NEW SECTION. 216.12B ELDERLY HOUSING – 1 35 ADDITIONAL PROVISIONS. 2 1 1. Housing shall not be deemed to fail to meet the 2 2 requirements for purposes of the exception provided in section 2 3 216.12, subsection 4, for housing for older persons by reason 2 4 of any of the following: 2 5 a. Persons residing in housing for older persons as of 2 6 July 1, 1989, who do not meet the age requirements established 2 7 in section 216.12, subsection 4, provided that persons who 2 8 first occupy such housing on or after July 1, 1997, meet the 2 9 age requirements. 2 10 b. Unoccupied units, provided that such units are reserved 2 11 for occupancy by persons who meet the age requirements 2 12 established in section 216.12, subsection 4. 2 13 2. A person shall not be liable for monetary damages for a 2 14 violation of the provisions of this chapter pertaining to 2 15 discrimination in housing based on familial status if the 2 16 person reasonably relied, in good faith, on the exception 2 17 provided in section 216.12, subsection 4. For purposes of 2 18 this subsection, good faith means establishing that the person 2 19 had no actual knowledge that the housing is not, or will not 2 20 be, eligible for the exception and by establishing that the 2 21 housing facility or community has stated formally, in writing, 2 22 that the facility or community complies with the requirements 2 23 for the exception. 2 24 Sec. 3. Section 216.17, subsection 6, Code 1997, is 2 25 amended to read as follows: 2 26 6. In the enforcement proceeding the court shall determine 2 27 its order on the same basis as it would in a proceeding 2 28 reviewing commission action under section 17A.19, subsection 2 29 8. If a proceeding to obtain judicial review is instituted by 2 30 a respondent, the commission may file a cross-petition for 2 31 enforcement of the order which is the subject of the 2 32 proceeding for judicial review. However, the failure of the 2 33 commission to file a cross-petition for enforcement of the 2 34 order when judicial review is sought shall not affect the 2 35 commission's right to file an enforcement action under this 3 1 section. 3 2 Sec. 4. Section 216.17, subsection 10, Code 1997, is 3 3 amended to read as follows: 3 4 10. If no proceeding to obtain judicial review is 3 5 instituted within thirty days from the issuance of an order of 3 6 the commission under section 216.15 or 216.15A, the commission 3 7 may obtain an order of the court for the enforcement of the 3 8 order upon showing that respondentiswas subject to the 3 9 jurisdiction of the commission at the time of the alleged 3 10 discriminatory act and that the respondent either currently 3 11 resides or transacts business within the county in which the 3 12 petition for enforcement is brought or resided or transacted 3 13 business in that county at the time that the contested case 3 14 hearing was held. 3 15 Sec. 5. Section 216.17, Code 1997, is amended by adding 3 16 the following new subsection: 3 17 NEW SUBSECTION. 11. When the commission issues a final 3 18 order finding discrimination, any complainant in that case who 3 19 derives a benefit from that order may petition the district 3 20 court for enforcement of the order in the same manner as the 3 21 commission. 3 22 EXPLANATION 3 23 The bill makes changes to the elderly housing exception for 3 24 familial status discrimination in housing and to the 3 25 provisions governing the enforcement of a civil rights 3 26 commission order. 3 27 The bill provides that elderly housing intended for 3 28 occupants age 55 or older must meet occupancy verification 3 29 requirements established by the United States secretary for 3 30 housing and urban development. 3 31 The bill establishes two exceptions to the general 3 32 requirements concerning the elderly housing exception for 3 33 familial status discrimination in housing. First, housing 3 34 still meets the requirements for the exception even if persons 3 35 residing in the housing since July 1, 1989, do not meet the 4 1 age requirements for the exception provided that new occupants 4 2 to the housing on or after July 1, 1997, meet the age 4 3 requirements. Secondly, housing will not be deemed to fail to 4 4 meet the requirements for the exception based on unoccupied 4 5 units in the housing facility so long as these units are 4 6 reserved for people who meet the age requirements for elderly 4 7 housing. The bill also provides that a person shall not be 4 8 liable for monetary damages for violating the provisions 4 9 governing discrimination based on familial status if the 4 10 person reasonably relied in good faith on the elderly housing 4 11 exception. 4 12 The bill also provides that the civil rights commission may 4 13 file a cross-petition to a judicial review petition filed by a 4 14 respondent to a civil rights commission order seeking 4 15 enforcement of the civil rights commission order. However, 4 16 the bill provides that the failure to file a cross-petition 4 17 does not prevent the commission from filing an enforcement 4 18 action. The bill also establishes that the commission can 4 19 seek enforcement of its order, if no proceeding to obtain 4 20 judicial review is filed, if the commission establishes that 4 21 the respondent was subject to the jurisdiction of the 4 22 commission at the time the alleged discriminatory act occurred 4 23 and that the respondent resided or transacted business in the 4 24 county in which the commission seeks enforcement at the time 4 25 the contested case hearing was held. Current law, which is 4 26 maintained in the bill, merely provided that the commission 4 27 could bring its action if jurisdiction exists and the 4 28 respondent resides or transacts business in the county in 4 29 which the commission brings its action. Finally, the bill 4 30 provides that a complainant to a civil rights commission case 4 31 can seek enforcement of a civil rights commission order in 4 32 which the complainant derives a benefit in the same manner as 4 33 the commission can seek to enforce the order. 4 34 LSB 1283DP 77 4 35 ec/cf/24.1
Text: SSB00165 Text: SSB00167 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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