II 110th CONGRESS 1st Session S. 1733 IN THE SENATE OF THE UNITED STATES June 28, 2007 Mr. Durbin (for himself, Mr. Schumer, Ms. Stabenow, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes.

1.

Short title

This Act may be cited as the Housing Fairness Act of 2007.

2.

Testing for discrimination

(a)

In general

The Secretary of Housing and Urban Development shall conduct a nationwide program of testing to— (1)detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (2)measure the prevalence of such discriminatory practices across the housing and mortgage lending markets as a whole. (b)

Administration

The Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting the testing required under subsection (a). (c)

Report

The Secretary of Housing and Urban Development shall report to Congress— (1)on a biennial basis, the results of each round of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and (2)on an annual basis, a detailed summary of the calls received by the Fair Housing Administration's 24-hour toll-free telephone hotline. (d)

Use of results

The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discrimination uncovered as a result of such testing. (e)

Definitions

As used in this section: (1)

Disability status

The term disability status has the same meaning given the term handicap in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (2)

Familial status

The term familial status has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (f)

Authorization of appropriations

There are authorized to be appropriated to carry out the provisions of this section $20,000,000 for fiscal year 2008 and each fiscal year thereafter.

3.

Increase in funding for the Fair Housing Initiatives Program

Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended— (1)in subsection (b)— (A)in paragraph (1), by inserting qualified before private nonprofit fair housing enforcement organizations,; and (B)in paragraph (2), by inserting qualified before private nonprofit fair housing enforcement organizations,; (2)by striking subsection (g) and inserting the following: (g)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to carry out the provisions of this section $52,000,000 for each of fiscal years 2008 through 2012, of which— (A)not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b); (B)not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and (C)any remaining amounts shall be used for program activities authorized under this section. (2)

Availability

Any amount appropriated under this section shall remain available until expended. ; (3)in subsection (h), in the matter following subparagraph (C), by inserting and meets the criteria described in subparagraphs (A) and (C) after subparagraph (B); and (4)in subsection (d)— (A)in paragraph (1)— (i)in subparagraph (C), by striking ; and and inserting a semicolon; (ii)in subparagraph (D), by striking the period and inserting ; and; and (iii)by adding at the end the following new subparagraph: (E)websites and other media outlets. ; (B)in paragraph (2), by striking or other public or private entities and inserting or other public or private nonprofit entities; and (C)in paragraph (3), by striking or other public or private entities and inserting or other public or private nonprofit entities.

4.

Sense of Congress

It is the sense of Congress that the Secretary of Housing and Urban Development should— (1)fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2)utilize all amounts appropriated for such education and outreach program under section 561(g) of such Act; and (3)promulgate regulations regarding the fair housing obligations of each recipient of Federal housing funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).

5.

Grants to private entities to study housing discrimination

(a)

Grant program

The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist private nonprofit organizations in— (1)conducting comprehensive studies that examine— (A)the causes of housing discrimination and segregation; and (B)the effects of housing discrimination and segregation on education, poverty, and economic development; and (2)implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b)

Eligibility

To be eligible to receive a grant under this section, a private nonprofit organization shall— (1)submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require; and (2)agree to provide matching non-Federal funds for 25 percent of the total amount of the grant, such funds may include items donated on an in-kind contribution basis. (c)

Preference

In awarding any grant under this section, the Secretary of Housing and Urban Development shall give preference to any applicant who is— (1)a qualified fair housing enforcement organization, as such organization is defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)); or (2)a partner of any such organization. (d)

Authorization of appropriations

There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2008 through 2012.