[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.''.
                                 <all>