HomeMy WebLinkAboutFair Housing Amendment Act
Augusta Richmond GA
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RESOLUTION IN SUPPORT OF
HOUSE RESOLUTION 3206 - THE FAIR HOUSING AMENDMENTS ACT
WHEREAS, The Fair Housing Act, 42 U.S.C. S 3601 et seq. (the
"Act") prohibits discrimination, including discrimination against
the disabled, in housing, and provides for monetary fines and
enforcement actions in the event of violation of the Act; and
WHEREAS, an amendment to the Act has been proposed by
Repres.entative Brian Bilbray in the form of House Resolution 3206
(the "House Resolution"), a copy of which House Resolution is
attachlad hereto as Exhibit "A;" and
~~EREAS, the House Resolution would, among other things,
provid1a for the protection of first amendment rights in
connec.tion with the expressing of an opinion or the seeking of
redresl; from public authorities relating to the issues covered by
the Ac1:, and would clarify the extent of local government control
of residential uses in the context of the Act; and
mIEREAS, Augusta, Georgia believes that approval and passing
of the House Resolution would benefit all citizens of Augusta by
more clearly outlining their rights and obligations under the
Act, and the rights and obligations of the Augusta-Richmond
County Commission under the Act.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond
County Commission that Augusta, Georgia hereby requests that its
Congres;sional delegation support and advocate the House
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Resolu.tion to the fullest extent possible, and that a copy of
this Resolution be delivered to the members of said delegation
for their consideration and support.
Duly adopted this
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day of April, 1998.
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COMMISSION
By:
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GPO's PDF References to this bill in the
version of this bill Congressional Record
Link to the Bill Download this bill.
Summary ~ Stah.Is fi.~.~". (4,988 bytes). "
Fair Housing Amendments Act of 1998 (Introduced in the House)
HR 3206 IH
105th CONGRESS
2d Session
H. R. 3206
To amend the Fair Housing Act.
IN THE HOUSE OF REPRESENT A TIVES
February 12, 1998
Mr. BILBRA. Y (for himself, Mr. CANADY of Florida, and Ms. HARMAN) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
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To amend the Fair Housing Act.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
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This Act may be cited as the 'Fair Housing Amendments Act of 1998'.
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SEC. 2. F'IRST AMENDMENT PROTECTIONS.
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The Fair Housing Act (42 D.S.C. 3601 et seq.) is amended by adding at the end the following:
'PROl'ECTION OF FIRST AMENDMENT RIGHTS
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'SEC. 821. (a) Nothing in this Act shall be construed to make the expression of an opinion or the
seeking of redress from public authority a violation of this Act.
, (b) A party shall not be held liable or otherwise sanctioned under this Act for engaging in
litigation or administrative proceedings unless--
'( 1) the party does so for an improper purpose, such as to harass or cause unnecessary delay
or needlessly to increase the cost of the litigation or proceedings; and
'(2)(A) the claims, defenses, and other legal contentions of the party in the litigation or
proceedings are not warranted by existing law or by a nonfrivolous argument for the
extension, modification, or reversal of existing law or the establishment of new law; or
'(B) the allegations and other factual contentions, for which the party in the litigation or
proceedings has the burden of going forward with the evidence, have no evidentiary
support.' .
SEC. 3. SJPECIFICITY OF COMPLAINT.
Section 81O(a)(1)(B)(ii) of the Fair Housing Act (42 V.S.C. 3610(a)(I)(B)(ii)) is amended by
inserting 'in sufficient detail to allow the respondent to prepare a response and make any available
defenses' after 'practice'.
SEC. 4. EXHAUSTION OF STATE REMEDIES.
Section 815 of the Fair Housing Act (42 V.S.C. 3615) is amended--
(1) by inserting '(a)' before 'Nothing in'; and
(2) by adding at the end the following:
, (b) A provision of a State or local law shall not be construed to violate this title if the party
alleging such violation has not first sought appropriate relief through available administrative
procedures provided by the State or local government regarding the application of that provision
oflaw.'.
SEC. 5. CLARIFICATION OF FAMILIAL STATUS PROTECTION.
Section 802(k) of the Fair Housing Act (42 V.S.C. 3602(k)) is amended--
(1) in paragraph (1), by striking 'person' and inserting 'individual'; and
(2) by adding at the end the following: 'With respect to a State or local law, the protections
afforded against discrimination on the basis of familial status apply only with respect to
groups of persons related by blood, marriage, or adoption, and with respect to a child under
the age of 18 years living in a foster care arrangement with persons who are so related.'.
SEC. 6. IJOCAL CONTROL OF RESIDENTIAL USES.
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Section 807 of the Fair Housing Act (42 D.S.C. 3607) is amended by adding at the end the
following:
'(c) Nothing in this title prevents--
'( 1) State or local government regulation of facilities for residential services for persons
with handicaps, if such regulation reasonably requires the dispersal of such facilities;
'(2) State or local government restriction on the maximum number of unrelated persons
permitted to occupy a dwelling, in an area restricted to single family dwellings, as applied to
a recovering drug addict or alcoholic; or
'(3) State or local government restriction on the occupancy of facilities for residential
services for persons with handicaps, by persons convicted of a crime, for which a term of
imprisonment greater than one year may be imposed, or juveniles adjudicated delinquents
on the basis of conduct that would constitute such a crime if committed by an adult.'.
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