[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1605

         To amend the Fair Housing Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2011

 Mr. Kerry (for himself, Mrs. Gillibrand, Mr. Harkin, Mr. Inouye, Mr. 
  Merkley, Mrs. Murray, Mr. Whitehouse, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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 Act 
of 2011'' or the ``HOME Act of 2011''.

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--
                    (A) by inserting ``actual or perceived'' before 
                ``race, color'' each place that term appears; and
                    (B) by inserting ``sexual orientation, gender 
                identity, marital status, source of income,'' after 
                ``sex,'' each place that term appears.
            (2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is 
        amended--
                    (A) by inserting ``actual or perceived'' before 
                ``race, color'' each place that term appears; and
                    (B) by inserting ``sexual orientation, gender 
                identity, marital status, source of income,'' after 
                ``sex,'' each place that term appears.
            (3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is 
        amended--
                    (A) by inserting ``actual or perceived'' before 
                ``race, color''; and
                    (B) by inserting ``sexual orientation, gender 
                identity, marital status, source of income,'' after 
                ``sex,''.
    (b) Prevention of Intimidation.--Section 901 of the Civil Rights 
Act of 1968 (42 U.S.C. 3631) is amended--
            (1) by inserting ``actual or perceived'' before ``race, 
        color'' each place that term appears; and
            (2) by inserting ``sexual orientation (as defined in 
        section 802), gender identity (as so defined), marital status 
        (as so defined), source of income (as so defined)'' after 
        ``sex,'' each place that term 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) `Marital status' has the same meaning given that term for 
purposes of the Equal Credit Opportunity Act.
    ``(r) `Sexual orientation' means homosexuality, heterosexuality, or 
bisexuality.
    ``(s) `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.''.

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 section 808(e)(5) of this title or a regulation issued 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 lawful 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 striking ``When a'' and inserting the following:
            ``(1) In general.--When a''; and
            (2) by adding at the end the following:
    ``(2) Pre-litigation Subpoena Power.--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. FREEDOM FROM DISCRIMINATION IN CREDIT.

    (a) Prohibition Against Discrimination on Account of Sexual 
Orientation or Gender Identity.--Section 701(a)(1) of the Equal Credit 
Opportunity Act (15 U.S.C. 1691(a)(1)) is amended--
            (1) by inserting ``actual or perceived'' before ``race, 
        color''; and
            (2) by striking ``sex or'' and inserting ``sex, sexual 
        orientation, gender identity,''.
    (b) Definitions.--Section 702 of the Equal Credit Opportunity Act 
(15 U.S.C. 1691a) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (i), respectively;
            (2) by inserting after subsection (e) the following:
    ``(f) The term `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.''; and
            (3) by inserting after subsection (g), as so redesignated, 
        the following:
    ``(h) The term `sexual orientation' means homosexuality, 
heterosexuality, or bisexuality.''.

SEC. 7. 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 person.''.

SEC. 8. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON 
              FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS.

    (a) Section 810.--Section 810(a)(1)(A)(i) of the Fair Housing Act 
(42 U.S.C. 3610(a)(1)(A)(i)) 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>