[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1963 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1963
To provide protection for survivors of domestic violence or sexual
assault under the Fair Housing Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 5, 2017
Ms. Wasserman Schultz (for herself and Mr. Smith of Texas) 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
assault 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 Assault Survivors Act of 2017''.
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, dating violence, stalking, and other
forms of intimate partner 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) Each day, an average of 3 women are killed by a current
or former partner.
(5) Researchers estimate that domestic violence costs
employers up to $13,000,000,000 each year.
(6) A fundamental component of ending domestic and sexual
violence is securing safe and affordable housing for victims.
(7) 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; and
(C) victims become homeless as a result of sexual
assault, and once homeless, they are further vulnerable
to sexual victimization and exploitation.
(8) Surveys show that a majority of victims that 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.
(9) 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 assault make it
difficult, if not impossible, for many victims to access safe,
affordable housing options for themselves and their families.
(10) 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.
(11) 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.
(12) 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.
(13) Studies show that victims of domestic violence or
sexual assault often face eviction based on a single domestic
violence incident.
(14) It is in the public interest that victims of domestic
violence, sexual assault, dating violence, stalking, and other
forms of intimate partner violence are not discriminated
against, particularly with respect to housing, based on their
status as victims or the crimes committed against them.
(15) Nothing in this Act should be interpreted to limit the
ability of victims of domestic violence or sexual assault 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 (42 U.S.C. 13925(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 (42 U.S.C. 13925(a));
and
``(2) includes threatened sexual assault.'';
(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 or sexual
assault'' before the period at the end;
(B) in subsection (b), by inserting, ``, or because
the person is a survivor of domestic violence or sexual
assault'' 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 or sexual
assault'';
(D) in subsection (d), by inserting ``, or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin''; and
(E) in subsection (e), by inserting ``, or of a
person or persons who are survivors of domestic
violence or sexual assault'' 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 or sexual
assault'' 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 or sexual
assault'';
(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 or sexual assault'';
(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 or sexual assault 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 or sexual
assault,'' 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--
(A) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin'';
(B) in subsection (b)(1), by inserting ``or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin,''; and
(C) in subsection (c), by inserting ``or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin,''; and
(2) by inserting after section 901 the following:
``SEC. 902. DEFINITIONS.
``In this title, the terms `domestic violence' and `sexual assault'
have the meanings given those terms in section 802.''.
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