[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR100.308]

[Page 665]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table of Contents
 
                   Subpart E_Housing for Older Persons
 
Sec. 100.308  Good faith defense against civil money damages.

    (a) A person shall not be held personally liable for monetary 
damages for discriminating on the basis of familial status, if the 
person acted with the good faith belief that the housing facility or 
community qualified for a housing for older persons exemption under this 
subpart.
    (b)(1) A person claiming the good faith belief defense must have 
actual knowledge that the housing facility or community has, through an 
authorized representative, asserted in writing that it qualifies for a 
housing for older persons exemption.
    (2) Before the date on which the discrimination is claimed to have 
occurred, a community or facility, through its authorized 
representatives, must certify, in writing and under oath or affirmation, 
to the person subsequently claiming the defense that it complies with 
the requirements for such an exemption as housing for persons 55 years 
of age or older in order for such person to claim the defense.
    (3) For purposes of this section, an authorized representative of a 
housing facility or community means the individual, committee, 
management company, owner, or other entity having the responsibility for 
adherence to the requirements established by this subpart.
    (4) For purposes of this section, a person means a natural person.
    (5) A person shall not be entitled to the good faith defense if the 
person has actual knowledge that the housing facility or community does 
not, or will not, qualify as housing for persons 55 years of age or 
older. Such a person will be ineligible for the good faith defense 
regardless of whether the person received the written assurance 
described in paragraph (b) of this section.

[64 FR 16330, Apr. 2, 1999]

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