Housing for Older Persons: Defining Significant Facilities and ServicesNotice of Public Meetings on Proposed Rule

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal

Opportunity

24 CFR Part 100

[Docket No. N-94-1706; FR-3502-N-02]

Housing for Older Persons: Defining Significant Facilities and

Services--Notice of Public Meetings on Proposed Rule

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Proposed Rule; Public Meetings.

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SUMMARY: This document announces four public meetings to be conducted

by the Assistant Secretary for Fair Housing and Equal Opportunity of

HUD (Assistant Secretary) to hear oral presentations from interested

parties on the Department's proposed rule concerning the definition of

``significant facilities and services specifically designed to meet the

physical or social needs of older persons'' under section 807(b)(2) of

the Fair Housing Act.

DATES: See ADDRESSES below.

ADDRESSES: Locations: The first meeting will be held in Fontana,

California on Monday, August 15, 1994, in the Fontana Performing Arts

Center, 9460 Sierra Avenue, Fontana, California, 92325.

The second meeting will be held in Tampa, Florida on Thursday,

August 25, 1994, in the Tampa Convention Center, 333 South Franklin

Street, Tampa, Florida, 33602.

The third meeting will be held in Phoenix, Arizona on Thursday,

September 29, 1994, in the City Council Chamber, City of Phoenix, 200

West Jefferson Street, Phoenix, Arizona, 85003.

The fourth meeting will be held in Washington, DC on Thursday,

October 6, 1994, in the National Aeronautics Space Administration

Auditorium, 300 E Street, SW., Washington, DC, 20546.

The meetings will convene at 9:00 a.m. and adjourn at 4:00 p.m.

unless otherwise extended by the Assistant Secretary or duly designated

Presiding Officer.

Attendance is open to the public but limited to the space

available. The meetings facilities are accessible to persons with

mobility impairments. Sign language interpreters and assistive

listening systems will be available for individuals with hearing

impairments. If you require any of these services, please contact HUD

as indicated below.

Any member of the public may file written comments with the Office

of Fair Housing and Equal Opportunity (FHEO), United States Department

of Housing and Equal Opportunity (HUD), during the comment period for

the proposed regulation.

Individuals, groups, and organizations that wish to make an oral

statement at a meeting should make a written request to do so and

should forward the text of their oral statement five work days in

advance of the meeting to HUD as indicated below.

Oral statements at the Washington meeting are limited to those

persons who have submitted written comments pursuant to the publication

of the proposed rule in the Federal Register on July 7, 1994 (59 FR

34902).

Opportunity for oral statements at the California, Arizona and

Florida meetings will include but not be limited to those who have

submitted written comments pursuant to the publication of the proposed

rule in the Federal Register on July 7, 1994 (59 FR 34902). To the

extent that time permits and within the discretion of the Assistant

Secretary or the Presiding Officer, other members of the public who

wish to present oral statements will be allowed to do so.

FOR FURTHER INFORMATION CONTACT: Requests to make oral presentations

contact: Peter Kaplan, Director, Office of Regulatory Initiatives and

Federal Coordination, Office of Fair Housing and Equal Opportunity,

HUD, Room 5242, 451 Seventh Street, S.W., Washington, DC 20410-0500,

telephone (202) 708-2904 (not a toll-free number). The toll-free TDD

number is l-800-877-8339.

SUPPLEMENTARY INFORMATION:

Subject of the Meeting

The Fair Housing Act [Title VIII of the Civil Rights Act of 1968,

as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-

19] exempts ``housing for older persons'' from the prohibitions against

discrimination because of familial status. The purpose of the

prohibition against discrimination because of familial status and the

``housing for older persons'' exemption is to protect families with

children from discrimination in housing without unfairly limiting

housing choices for older persons.

On January 23, 1989, HUD published a final rule implementing the

Fair Housing Act (54 FR 3232). This rule included regulations governing

housing for older persons. The ``housing for older persons''

regulations implement section 807(b)(2)(c) of the Fair Housing Act

which exempts housing intended and operated for occupancy by at least

one person 55 years of age or older per unit that satisfies certain

criteria. These regulations are codified at 24 CFR part 100, subpart E.

Congress mandated that, in determining whether housing qualifies as

housing for persons 55 years of age or older, the Secretary develop

regulations which require at least the following factors:

(1) the existence of significant facilities and services

specifically designed to meet the physical or social needs of older

persons, or if the provision of such facilities is not practicable,

that such housing is necessary to provide important housing

opportunities for older persons; and

(2) that at least 80 percent of the units are occupied by at least

one person 55 years of age or older per unit; and

(3) the publication of, and adherence to, policies and procedures

which demonstrate an intent by the owner or manager to provide housing

for persons 55 years of age or older.

Section 919 of the Housing and Community Development Act of 1992

(Pub. L. 102-550, approved October 28, 1992, (the 1992 Act)), requires

the Secretary of HUD to issue rules further defining what are

``significant facilities and services specifically designed to meet the

physical or social needs of older persons'' required under section

807(b)(2) of the Fair Housing Act to meet the definition of the term

``housing for older persons.'' On July 7, 1994, HUD published a

proposed rule to implement the rulemaking required by section 919 of

the 1992 Act (59 FR 34902). The proposed rule advised that the

Assistant Secretary for Fair Housing and Equal Opportunity would

schedule a public meeting to hear from interested persons affected by

the proposed rule, issue a notice and announce the date, time, and

location of the meeting through a notice published in the Federal

Register. This notice of public meeting is issued pursuant to that

publication.

Procedures Governing the Conduct of the Public Meeting

A. General

The Assistant Secretary or duly designated Presiding Officer will

provide an overview of the regulations proposed by HUD. Then, a panel

chaired by the Assistant Secretary, or duly designated Presiding

Officer, will receive oral presentations from the participants in the

meeting.

1. Oral presentations will be scheduled at a prescribed time and

limited to matters concerning the proposed rule.

2. Speakers will appear in the order that they are called and shall

address the panel. The Assistant Secretary or duly designated Presiding

Officer may require speakers to make their oral presentations as part

of a panel with other speakers. If more individuals request an

opportunity to speak than can be heard in the time allotted, the

Assistant Secretary or duly designated Presiding Officer reserves the

right to select speakers and to reduce the amount of time made

available for oral presentations in order to ensure that the views of

as many persons as possible are heard. However, all written comments

will be considered in preparing the final rule.

B. Specific

1. The Meeting shall be convened promptly at the scheduled time by

the Assistant Secretary or duly designated Presiding Officer.

2. Speakers will appear in the order that they are called.

3. Oral presentations will be heard at prescribed times and for the

Washington meeting, only from those persons that have submitted written

comments on the proposed rule.

4. Speakers' comments shall be clear and succinct and where

appropriate cite the applicable section of the proposed rule. This will

assist with the effort to afford all speakers the opportunity to speak

within the time allotted.

5. Questioning of a speaker during or after his or her presentation

shall be done by the Assistant Secretary or duly designated Presiding

Officer, or any other member of the panel recognized by the Assistant

Secretary or duly designated Presiding Officer.

6. Members of the audience may be invited to direct questions to a

speaker by written note submitted to the Assistant Secretary or duly

designated Presiding Officer during any allotted Question and Answer

period.

7. Proceedings of the Meeting will be officially transcribed by the

Department.

8. This is a public Meeting and may be attended by news media. The

proceedings may be televised, filmed or photographed and testimony may

be broadcast or recorded for broadcasting without written consent.

9. The Assistant Secretary or duly designated Presiding Officer

will maintain order and any person who engages in threats or

intimidation of participants will be subject to criminal penalties

under 18 United States Code-505 and 42 United States Code 3631.

10. The Meeting will be adjourned at the scheduled time unless

otherwise announced by the Assistant Secretary or duly designated

Presiding Officer.

Dated: August 2, 1994.

Roberta Achtenberg,

Assistant Secretary for Fair Housing and Equal Opportunity.

[FR Doc. 94-19315 Filed 8-8-94; 8:45 am]

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