[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6500 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6500
To amend the Fair Housing Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2010
Mr. Nadler of New York (for himself, Mr. Conyers, Mr. Scott of
Virginia, Mr. Polis of Colorado, Mr. Towns, Mr. Hastings of Florida,
and Mr. Al Green of Texas) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Fair Housing Act, and for other purposes.
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 ``Housing Opportunities Made Equal
(HOME) Act''.
SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN
DISCRIMINATION.
(a) In General.--
(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,'' each place
it appears.
(2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,'' each place
it appears.
(3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,''.
(b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended by inserting ``sexual
orientation, gender identity, source of income, marital status,'' after
``sex,'' each place it appears.
(c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related
characteristics of an individual, with or without regard to the
individual's designated sex at birth.
``(q) `Sexual orientation' means homosexuality,
heterosexuality, or bisexuality.
``(r) `Source of income' means the receipt of Federal,
State, or local public assistance including medical assistance,
or the receipt by a tenant or applicant of Federal, State, or
local housing subsidies, including rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or other rental assistance or rental supplements.
``(s) `Marital status' has the same meaning given that term
for purposes of the Equal Credit Opportunity Act.''.
SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF
DISCRIMINATORY HOUSING PRACTICE.
Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is
amended to read as follows:
``(f) `Discriminatory housing practice' means an act that is
unlawful under section 804, 805, 806, or 818 of this title, whether
occurring pre- or post-acquisition, and also includes a failure to
comply with the section 808(e)(5) of this title or a regulation made to
carry out section 808(e)(5).''.
SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF ``FAMILIAL
STATUS''.
Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is
amended to read as follows:
``(k) `Familial status' means one or more individuals (who have not
attained the age of 18 years) residing with--
``(1) a parent, foster parent, or another person having
legal or physical custody of such individual or individuals; or
``(2) anyone standing in loco parentis of such individual
or individuals.
The protections afforded against discrimination on the basis of
familial status apply to any person who is pregnant or in the process
of securing legal custody of an individual who has not attained the age
of 18 years.''.
SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY
ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE-
LITIGATION SUBPOENA POWER.
(a) Equal Credit Opportunity Act.--Section 706(h) of the Equal
Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by adding at the end the following:
``(2) If the Attorney General has reason to believe that
any person may be in possession, custody, or control of any
documentary material or information relevant to an
investigation under this title, the Attorney General may,
before commencing a civil action under paragraph (1), issue in
writing and cause to be served upon the person, a civil
investigative demand. The authority to issue and enforce civil
investigative demands under this paragraph shall be identical
to the authority of the Attorney General under section 3733 of
title 31, United States Code, except that the provisions of
that section relating to qui tam relators shall not apply.''.
(b) Fair Housing Act.--Section 814(c) of the Fair Housing Act (42
U.S.C. 3614(c)) is amended--
(1) by striking ``The Attorney General'' and inserting the
following:
``(1) In general.--The Attorney General''; and
(2) by adding at the end the following:
``(2) Civil investigative demands.--If the Attorney General
has reason to believe that any person may be in possession,
custody, or control of any documentary material or information
relevant to an investigation under this title, the Attorney
General may, before commencing a civil proceeding under this
subsection, issue in writing and cause to be served upon the
person, a civil investigative demand. The authority to issue
and enforce civil investigative demands under this paragraph
shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that
the provisions of that section relating to qui tam relators
shall not apply.''.
SEC. 6. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL
ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES.
Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is
amended by adding at the end the following; ``For the purposes of this
section, discrimination against a person because of handicap includes
the failure, in connection with a real estate-related transaction, to
make reasonable accommodations for such persons.''.
SEC. 7. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON
FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS.
(a) Section 810.--Section 810(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3610(a)(1)(A)) is amended by inserting after the first sentence
the following: ``The failure to design and construct a dwelling as
required by section 804(f)(3)(C) shall be deemed to continue until such
time as the dwelling conforms to the requirements of that section.''.
(b) Section 813.--Section 813(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following:
``The failure to design and construct a dwelling as required by section
804(f)(3)(C) shall be deemed to continue until such time as the
dwelling conforms to the requirements of that section.''.
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