[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2542 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2542
To provide protection for survivors of domestic violence or sexual
violence under the Fair Housing Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 2021
Ms. Wasserman Schultz (for herself, Mr. Carson, Mr. Grijalva, Ms.
Kuster, Ms. Velazquez, Mrs. Napolitano, Mr. Blumenauer, Ms. Omar, Mrs.
Hayes, Ms. Bonamici, Mr. Lawson of Florida, Ms. Norton, Mrs. Torres of
California, Mr. Danny K. Davis of Illinois, Ms. Johnson of Texas, Mrs.
Bustos, Mr. Khanna, Mr. Cooper, Ms. Lee of California, Mr. Torres of
New York, Ms. Speier, Mr. Raskin, Mrs. Watson Coleman, Ms. Jayapal, Ms.
Williams of Georgia, Mr. Horsford, Ms. Ross, and Ms. Moore of
Wisconsin) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide protection for survivors of domestic violence or sexual
violence under 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.
This Act may be cited as the ``Fair Housing for Domestic Violence
and Sexual Violence Survivors Act of 2021''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cities, towns, and rural communities in the United
States continue to face enormous challenges regarding domestic
violence, sexual assault, sex trafficking, dating violence,
stalking, and other forms of intimate partner and gender-based
violence.
(2) One in 3 women have experienced rape, physical
violence, or stalking by an intimate partner in their lifetime.
(3) Approximately 7,000,000 women are raped or physically
assaulted by a current or former intimate partner each year.
(4) Among women experiencing sex trafficking, many of their
traffickers are also their intimate partners.
(5) Each day, an average of 3 women are killed by a current
or former partner.
(6) Researchers estimate that domestic violence costs
employers up to $13,000,000,000 each year.
(7) A fundamental component of ending domestic and sexual
violence is securing safe and affordable housing for victims.
(8) Research indicates that--
(A) nearly 50 percent of all homeless women report
that domestic violence was the immediate cause of their
homelessness;
(B) 92 percent of homeless women report having
experienced severe physical or sexual violence at some
point in their lives, including sexual exploitation and
trafficking;
(C) victims become homeless as a result of sexual
assault, and once homeless, are vulnerable to further
sexual victimization and exploitation including sex
trafficking;
(D) women of color in the lowest income category
experience 6 times the rate of nonfatal intimate
partner violence compared to white women in the highest
income category;
(E) poor women of color, domestic violence victims,
and women with children have a high risk of eviction;
(F) vulnerable women are also at risk of sex
trafficking and exploitation by landlords who pressure
them for sex in exchange for rent or a delay in rent
payments; and
(G) approximately 38 percent of all victims of
domestic violence become homeless at some point in
their life.
(9) Surveys show that a majority of victims who experience
a sexual assault in their home do not relocate to a safe
environment because they do not have sufficient funds and are
not aware of better options.
(10) Domestic and sexual violence victims often find
themselves trapped in homes where they are further victimized
by caregivers, parents, siblings, landlords, intimate partners,
neighbors, or others in or near their home. Economic insecurity
and the trauma that often follows sexual violence make it
difficult, if not impossible, for many victims to access safe,
affordable housing options for themselves and their families.
(11) Domestic and sexual violence victims continue to face
discrimination in securing and maintaining housing based on
their status as victims and as a result of crimes committed
against them.
(12) Research by the Attorney General of the State of New
York found that 67 percent of domestic violence victims
reported that discrimination by landlords is a significant
obstacle in obtaining housing.
(13) Research also shows that victims of domestic violence
or sexual assault are commonly denied housing opportunities if
a previous residence of the victim was a domestic violence
shelter, if the victim has secured a protective order, or if
there is other evidence that the victim has experienced a
previous domestic violence incident.
(14) Studies show that victims of domestic violence or
sexual assault often face eviction based on a single domestic
violence incident.
(15) Victims of sex trafficking face additional challenges
in obtaining and maintaining housing due to criminal records
incurred as a direct result of their exploitation.
(16) It is in the public interest to ensure that victims of
domestic violence, sexual assault, sex trafficking, dating
violence, stalking, and other forms of intimate partner and
gender-based violence are not discriminated against,
particularly with respect to housing, based on their status as
victims or the crimes committed against them.
(17) Nothing in this Act should be interpreted to limit the
ability of victims of domestic violence or sexual violence to
recover for claims of discrimination on the basis of sex or
race under the Fair Housing Act (42 U.S.C. 3601 et seq.),
including with respect to failure to conform to gender
stereotypes or policies that disproportionately affect women.
SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED
CLASS UNDER THE FAIR HOUSING ACT.
(a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is
amended--
(1) in section 802 (42 U.S.C. 3602), by adding at the end
the following:
``(p) `Domestic violence'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a));
and
``(2) includes--
``(A) dating violence and stalking, as defined in
such section 40002(a); and
``(B) threatened domestic violence.
``(q) `Sexual assault'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a));
and
``(2) includes threatened sexual assault.
``(r) `Sex trafficking' has the meaning given the term in section
103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(12)).
``(s) `Coercion' has the meaning given the term in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3).'';
(2) in section 804 (42 U.S.C. 3604)--
(A) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking'' before the period at the
end;
(B) in subsection (b), by inserting, ``, or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking'' before the period at the
end;
(C) in subsection (c), by striking ``or national
origin'' and inserting, ``national origin, or whether a
person is a survivor of domestic violence, sexual
assault, or sex trafficking'';
(D) in subsection (d), by inserting ``, or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking,'' after ``national
origin''; and
(E) in subsection (e), by inserting ``, or of a
person or persons who are survivors of domestic
violence, sexual assault, or sex trafficking'' before
the period at the end;
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking'' before the period at the
end; and
(B) in subsection (c), by striking ``or familial
status'' and inserting ``familial status, or whether a
person is a survivor of domestic violence, sexual
assault, or sex trafficking'';
(4) in section 806 (42 U.S.C. 3606), by striking ``or
national origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence, sexual assault, or
sex trafficking'';
(5) in section 807 (42 U.S.C. 3607), by adding at the end
the following:
``(c) Nothing in this title shall prohibit Federal, State, or local
governmental or other assistance or a preference program designed to
assist or benefit domestic violence, sexual assault, or sex trafficking
survivors in seeking, securing, or maintaining dwellings, shelters, or
any other form of housing, including associated notices, statements, or
advertisements.''; and
(6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``status as a survivor of domestic violence, sexual
assault, or sex trafficking,'' after ``handicap,''.
(b) Prevention of Intimidation in Fair Housing Cases.--The Civil
Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended--
(1) in section 901 (42 U.S.C. 3631)--
(A) in the paragraph preceding subsection (a), by
inserting ``or coercion'' after ``threat of force'';
(B) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking,'' after ``national
origin'';
(C) in subsection (b)(1), by inserting ``or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking,'' after ``national
origin,''; and
(D) in subsection (c), by inserting ``or because
the person is a survivor of domestic violence, sexual
assault, or sex trafficking,'' after ``national
origin,''; and
(2) by inserting after section 901 the following:
``definitions
``Sec. 902. In this title, the terms `domestic violence', `sexual
assault', `sex trafficking', and `coercion' have the meanings given
those terms in section 802.''.
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