[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR100.308]



[Page 679-680]

 

                 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



[[Page 680]]



received the written assurance described in paragraph (b) of this 

section.



[64 FR 16330, Apr. 2, 1999]