Charles T. Canady: “Mr. Chairman, the record on passage of the Fair Housing Act Amendments of 1988 is clear--Congress specifically…”

“Mr. Chairman, the record on passage of the Fair Housing Act Amendments of 1988 is clear--Congress specifically recognized the need to protect housing for older persons as a valuable resource for the elderly. Unfortunately, the record is equally clear that the statutory exemption that we crafted requiring significant facilities and services is not working. No community which has been challenged in court has ever retained its exemption. The significant facilities and services requirement imposes expensive and unnecessary requirements on communities seeking an exemption. Seniors communities across the country live in fear that they will have their exemption revoked--or worse--that they will have to use the precious dollars that they have set aside for their retirement to defend themselves in a lawsuit in which they face the unlimited resources and legal firepower of the Federal Government. The most recent rulemaking by HUD marks the third time that the executive branch has tried to issue regulations to give clear guidance without imposing expensive and burdensome requirements. I think Assistant Secretary Achtenberg has made an admirable effort in attempting to craft flexible regulations, but no amount of rulemaking can save a flawed statute.”