[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1892 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1892

 To protect the housing rights of victims of domestic violence, dating 
    violence, sexual assault, and stalking, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2011

Mr. Franken (for himself, Ms. Collins, and Ms. Mikulski) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To protect the housing rights of victims of domestic violence, dating 
    violence, sexual assault, and stalking, 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 Rights for Victims of 
Domestic and Sexual Violence Act of 2011''.

SEC. 2. DENIAL OR TERMINATION OF ASSISTANCE AND EVICTION PROTECTIONS.

    (a) Amendment.--Subtitle N of the Violence Against Women Act of 
1994 (42 U.S.C. 14043e et seq.) is amended--
            (1) by inserting after the subtitle heading the following:

                     ``CHAPTER 1--GRANT PROGRAMS'';

            (2) in section 41402 (42 U.S.C. 14043e-1), in the matter 
        preceding paragraph (1), by striking ``subtitle'' and inserting 
        ``chapter'';
            (3) in section 41403 (42 U.S.C. 14043e-2), in the matter 
        preceding paragraph (1), by striking ``subtitle'' and inserting 
        ``chapter''; and
            (4) by adding at the end the following:

                      ``CHAPTER 2--HOUSING RIGHTS

``SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    ``(a) Definitions.--In this chapter:
            ``(1) Appropriate agency.--The term `appropriate agency' 
        means, with respect to a covered housing program, the Executive 
        department (as defined in section 101 of title 5, United States 
        Code) that carries out the covered housing program.
            ``(2) Covered housing program.--The term `covered housing 
        program' means--
                    ``(A) the program under section 202 of the Housing 
                Act of 1959 (12 U.S.C. 1701q);
                    ``(B) the program under section 811 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 8013);
                    ``(C) the program under subtitle D of title VIII of 
                the Cranston-Gonzalez National Affordable Housing Act 
                (42 U.S.C. 12901 et seq.);
                    ``(D) the program under subtitle A of title IV of 
                the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11360 et seq.);
                    ``(E) the program under subtitle A of title II of 
                the Cranston-Gonzalez National Affordable Housing Act 
                (42 U.S.C. 12741 et seq.);
                    ``(F) the program under paragraph (3) of section 
                221(d) of the National Housing Act (12 U.S.C. 1715l(d)) 
                that bears interest at a rate determined under the 
                proviso under paragraph (5) of such section 221(d);
                    ``(G) the program under section 236 of the National 
                Housing Act (12 U.S.C. 1715z-1);
                    ``(H) the programs under sections 8 and 9 of the 
                United States Housing Act of 1937 (42 U.S.C. 1437f and 
                1437g);
                    ``(I) rural housing assistance provided under 
                sections 514, 515, 516, 533, and 538 of the Housing Act 
                of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, and 1490p-
                2); and
                    ``(J) the low income housing tax credit program 
                under section 42 of the Internal Revenue Code of 1986.
            ``(3) Immediate family member.--The term `immediate family 
        member' means, with respect to an individual--
                    ``(A) a spouse, parent, brother, sister, or child 
                of that individual, or an individual to whom such 
                individual stands in loco parentis;
                    ``(B) any individual living in the household of 
                such individual who is related to such individual by 
                blood or marriage; or
                    ``(C) any individual living in the household of 
                such individual who is related to such individual by 
                affinity whose close association or intimate 
                relationship with such individual is the equivalent of 
                a family relationship.
    ``(b) Prohibited Basis for Denial or Termination of Assistance or 
Eviction.--
            ``(1) In general.--An applicant for or tenant of housing 
        assisted under a covered housing program may not be denied 
        admission to, denied assistance under, terminated from 
        participation in, or evicted from the housing on the basis that 
        the applicant or tenant is or has been a victim of domestic 
        violence, dating violence, sexual assault, or stalking, if the 
        applicant or tenant otherwise qualifies for admission, 
        assistance, participation, or occupancy.
            ``(2) Construction of lease terms.--An incident of actual 
        or threatened domestic violence, dating violence, sexual 
        assault, or stalking shall not be construed as--
                    ``(A) a serious or repeated violation of a lease 
                for housing assisted under a covered housing program by 
                the victim or threatened victim of such incident; or
                    ``(B) good cause for terminating the assistance, 
                tenancy, or occupancy rights to housing assisted under 
                a covered housing program of the victim or threatened 
                victim of such incident.
            ``(3) Termination on the basis of criminal activity.--
                    ``(A) Denial of assistance, tenancy, and occupancy 
                rights prohibited.--No person may deny assistance, 
                tenancy, or occupancy rights to housing assisted under 
                a covered housing program to a tenant solely on the 
                basis of criminal activity directly relating to 
                domestic violence, dating violence, sexual assault, or 
                stalking that is engaged in by a member of the 
                household of the tenant or any guest or other person 
                under the control of the tenant, if the tenant or an 
                immediate family member of the tenant is the victim or 
                threatened victim of such domestic violence, dating 
                violence, sexual assault, or stalking.
                    ``(B) Bifurcation.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), an owner or manager of 
                        housing assisted under a covered housing 
                        program may bifurcate a lease for the housing 
                        in order to evict, remove, or terminate 
                        assistance to any individual who is a tenant or 
                        lawful occupant of the housing and who engages 
                        in criminal activity directly relating to 
                        domestic violence, dating violence, sexual 
                        assault, or stalking against an immediate 
                        family member or other individual, without 
                        evicting, removing, terminating assistance to, 
                        or otherwise penalizing a victim of such 
                        criminal activity who is also a tenant or 
                        lawful occupant of the housing.
                            ``(ii) Effect of eviction on other 
                        tenants.--If an owner or manager of housing 
                        assisted under a covered housing program 
                        evicts, removes, or terminates assistance to an 
                        individual under clause (i), and the individual 
                        is the sole tenant eligible to receive 
                        assistance under a covered housing program, the 
                        owner or manager of housing assisted under the 
                        covered housing program shall provide any 
                        remaining tenant an opportunity to establish 
                        eligibility for the covered housing program. If 
                        a tenant described in the preceding sentence 
                        cannot establish eligibility, the owner or 
                        manager of the housing shall provide the tenant 
                        a reasonable time, as determined by the 
                        appropriate agency, to find new housing or to 
                        establish eligibility for housing under another 
                        covered housing program.
                    ``(C) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed--
                            ``(i) to limit the authority of an owner or 
                        manager of housing assisted under a covered 
                        housing program, when notified of a court 
                        order, to comply with a court order with 
                        respect to--
                                    ``(I) the rights of access to or 
                                control of property, including civil 
                                protection orders issued to protect a 
                                victim of domestic violence, dating 
                                violence, sexual assault, or stalking; 
                                or
                                    ``(II) the distribution or 
                                possession of property among members of 
                                a household in a case;
                            ``(ii) to limit any otherwise available 
                        authority of an owner or manager of housing 
                        assisted under a covered housing program to 
                        evict or terminate assistance to a tenant for 
                        any violation of a lease not premised on the 
                        act of violence in question against the tenant 
                        or an immediate family member of the tenant, if 
                        the owner or manager does not subject an 
                        individual who is or has been a victim of 
                        domestic violence, dating violence, or stalking 
                        to a more demanding standard than other tenants 
                        in determining whether to evict or terminate;
                            ``(iii) to limit the authority to terminate 
                        assistance to a tenant or evict a tenant from 
                        housing assisted under a covered housing 
                        program if the owner or manager of the housing 
                        can demonstrate that an actual and imminent 
                        threat to other tenants or individuals employed 
                        at or providing service to the property would 
                        be present if the assistance is not terminated 
                        or the tenant is not evicted; or
                            ``(iv) to supersede any provision of any 
                        Federal, State, or local law that provides 
                        greater protection than this section for 
                        victims of domestic violence, dating violence, 
                        sexual assault, or stalking.
    ``(c) Documentation.--
            ``(1) Request for documentation.--If an applicant for or 
        tenant of housing assisted under a covered housing program 
        represents to the owner or manager of the housing that the 
        individual is entitled to protection under subsection (b), the 
        owner or manager may request, in writing, that the tenant 
        submit to the owner or manager a form of documentation 
        described in paragraph (3).
            ``(2) Failure to provide certification.--If a tenant does 
        not provide the documentation requested under paragraph (1) 
        within 14 business days after the tenant receives a request in 
        writing for such certification from the owner or manager of the 
        housing, nothing in this chapter may be construed to limit the 
        authority of the owner or manager to evict any tenant or lawful 
        occupant that commits violations of a lease. The owner or 
        manager of the housing may extend the 14-day deadline at its 
        discretion.
            ``(3) Form of documentation.--A form of documentation 
        described in this paragraph is--
                    ``(A) a certification form approved by the 
                appropriate agency that--
                            ``(i) states that an applicant or tenant is 
                        a victim of domestic violence, dating violence, 
                        sexual assault, or stalking;
                            ``(ii) states that the incident of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking that is the ground for protection 
                        under subsection (b) meets the requirements 
                        under subsection (b); and
                            ``(iii) at the option of the applicant or 
                        tenant, includes the name of the individual who 
                        committed the domestic violence, dating 
                        violence, sexual assault, or stalking;
                    ``(B) a document that--
                            ``(i) is signed by--
                                    ``(I) an employee, agent, or 
                                volunteer of a victim service provider, 
                                an attorney, a medical professional, or 
                                a mental health professional from whom 
                                an applicant or tenant has sought 
                                assistance relating to domestic 
                                violence, dating violence, sexual 
                                assault, or stalking, or the effects of 
                                the abuse; and
                                    ``(II) the applicant or tenant; and
                            ``(ii) states under penalty of perjury that 
                        the individual described in clause (i)(I) 
                        believes that the incident of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking that is the ground for protection 
                        under subsection (b) meets the requirements 
                        under subsection (b);
                    ``(C) a record of a Federal, State, tribal, 
                territorial, or local law enforcement agency, court, or 
                administrative agency; or
                    ``(D) at the discretion of an owner or manager of 
                housing assisted under a covered housing program, a 
                statement or other evidence provided by an applicant or 
                tenant.
            ``(4) Confidentiality.--Any information submitted to an 
        owner or manager under this subsection, including the fact that 
        an individual is a victim of domestic violence, dating 
        violence, sexual assault, or stalking shall be maintained in 
        confidence by the owner or manager and may not be entered into 
        any shared database or disclosed to any other entity or 
        individual, except to the extent that the disclosure is--
                    ``(A) requested or consented to by the individual 
                in writing;
                    ``(B) required for use in an eviction proceeding 
                under subsection (b); or
                    ``(C) otherwise required by applicable law.
            ``(5) Documentation not required.--Nothing in this 
        subsection shall be construed to require an owner or manager of 
        housing assisted under a covered housing program to request 
        that an individual submit documentation of the status of the 
        individual as a victim of domestic violence, dating violence, 
        sexual assault, or stalking.
            ``(6) Compliance not sufficient to constitute evidence of 
        unreasonable act.--Compliance with subsection (b) by an owner 
        or manager of housing assisted under a covered housing program 
        based on documentation received under this subsection shall not 
        be sufficient to constitute evidence of an unreasonable act or 
        omission by the owner or manager or an employee or agent of the 
        owner or manager. Nothing in this paragraph shall be construed 
        to limit the liability of an owner or manager of housing 
        assisted under a covered housing program for failure to comply 
        with subsection (b).
            ``(7) Preemption.--Nothing in this subsection shall be 
        construed to supersede any provision of any Federal, State, or 
        local law that provides greater protection than this subsection 
        for victims of domestic violence, dating violence, sexual 
        assault, or stalking.
    ``(d) Notification.--Each owner or manager of housing assisted 
under a covered housing program shall provide to each applicant for or 
tenant of such housing notice of the rights of individuals under this 
section, including the right to confidentiality and the limits thereof, 
together with the form described in subsection (c)(3)(A)--
            ``(1) at the time the individual applies to live in a 
        dwelling unit assisted under the covered housing program;
            ``(2) at the time the individual is admitted to a dwelling 
        unit assisted under the covered housing program;
            ``(3) with any notification of eviction or notification of 
        termination of assistance;
            ``(4) in multiple languages, consistent with guidance 
        issued by the Secretary of Housing and Urban Development in 
        accordance with Executive Order 13166 (42 U.S.C. 2000d-1 note; 
        relating to access to services for persons with limited English 
        proficiency); and
            ``(5) by posting the notification in a public area of such 
        housing.
    ``(e) Emergency Transfers.--Notwithstanding any other provision of 
law, each owner or manager of housing assisted under a covered program 
shall adopt an emergency transfer policy for tenants who are victims of 
domestic violence, dating violence, sexual assault, or stalking that--
            ``(1) allows tenants who are victims of domestic violence, 
        dating violence, sexual assault, or stalking to transfer to 
        another available and safe dwelling unit assisted under a 
        covered housing program if--
                    ``(A) the tenant expressly requests the transfer; 
                and
                    ``(B)(i) the tenant reasonably believes that the 
                tenant is threatened with imminent harm from further 
                violence if the tenant remains within the same dwelling 
                unit assisted under a covered housing program; or
                    ``(ii) in the case of a tenant who is a victim of 
                sexual assault, the sexual assault occurred on the 
                premises during the 90 day period preceding the request 
                for transfer; and
            ``(2) incorporates reasonable confidentiality measures to 
        ensure that the owner or manager does not disclose the location 
        of the dwelling unit of a tenant to a person that commits an 
        act of domestic violence, dating violence, sexual assault, or 
        stalking against the tenant.
    ``(f) Policies and Procedures for Emergency Transfer.--The 
Secretary of Housing and Urban Development shall establish policies and 
procedures under which a victim requesting an emergency transfer under 
subsection (e) may receive, subject to the availability of tenant 
protection vouchers, assistance under section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)).
    ``(g) Implementation.--The appropriate agency with respect to each 
covered housing program shall implement this section, as this section 
applies to the covered housing program.''.
    (b) Conforming Amendments.--
            (1) Section 6.--Section 6 of the United States Housing Act 
        of 1937 (42 U.S.C. 1437d) is amended--
                    (A) in subsection (c)--
                            (i) by striking paragraph (3); and
                            (ii) by redesignating paragraphs (4) and 
                        (5) as paragraphs (3) and (4), respectively;
                    (B) in subsection (l)--
                            (i) in paragraph (5), by striking ``, and 
                        that an incident or incidents of actual or 
                        threatened domestic violence, dating violence, 
                        or stalking will not be construed as a serious 
                        or repeated violation of the lease by the 
                        victim or threatened victim of that violence 
                        and will not be good cause for terminating the 
                        tenancy or occupancy rights of the victim of 
                        such violence''; and
                            (ii) in paragraph (6), by striking ``; 
                        except that'' and all that follows through 
                        ``stalking.''; and
                    (C) by striking subsection (u).
            (2) Section 8.--Section 8 of the United States Housing Act 
        of 1937 (42 U.S.C. 1437f) is amended--
                    (A) in subsection (c), by striking paragraph (9);
                    (B) in subsection (d)(1)--
                            (i) in subparagraph (A), by striking ``and 
                        that an applicant or participant is or has been 
                        a victim of domestic violence, dating violence, 
                        or stalking is not an appropriate basis for 
                        denial of program assistance or for denial of 
                        admission if the applicant otherwise qualifies 
                        for assistance or admission''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (ii), by striking ``, 
                                and that an incident or incidents of 
                                actual or threatened domestic violence, 
                                dating violence, or stalking will not 
                                be construed as a serious or repeated 
                                violation of the lease by the victim or 
                                threatened victim of that violence and 
                                will not be good cause for terminating 
                                the tenancy or occupancy rights of the 
                                victim of such violence''; and
                                    (II) in clause (iii), by striking 
                                ``, except that:'' and all that follows 
                                through ``stalking.'';
                    (C) in subsection (f)--
                            (i) in paragraph (6), by adding ``and'' at 
                        the end;
                            (ii) in paragraph (7), by striking the 
                        semicolon at the end and inserting a period; 
                        and
                            (iii) by striking paragraphs (8), (9), 
                        (10), and (11);
                    (D) in subsection (o)--
                            (i) in paragraph (6)(B), by striking the 
                        last sentence;
                            (ii) in paragraph (7)--
                                    (I) in subparagraph (C), by 
                                striking ``and that an incident or 
                                incidents of actual or threatened 
                                domestic violence, dating violence, or 
                                stalking shall not be construed as a 
                                serious or repeated violation of the 
                                lease by the victim or threatened 
                                victim of that violence and shall not 
                                be good cause for terminating the 
                                tenancy or occupancy rights of the 
                                victim of such violence''; and
                                    (II) in subparagraph (D), by 
                                striking ``; except that'' and all that 
                                follows through ``stalking.''; and
                            (iii) by striking paragraph (20); and
                    (E) by striking subsection (ee).
            (3) Rule of construction.--Nothing in this Act, or the 
        amendments made by this Act, shall be construed--
                    (A) to limit the rights or remedies available to 
                any person under section 6 or 8 of the United States 
                Housing Act of 1937 (42 U.S.C. 1437d and 1437f), as in 
                effect on the day before the date of enactment of this 
                Act; or
                    (B) to limit any right, remedy, or procedure 
                otherwise available under any provision of part 5, 91, 
                880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or 
                983 of title 24, Code of Federal Regulations, that--
                            (i) was issued under the Violence Against 
                        Women and Department of Justice Reauthorization 
                        Act of 2005 (Public Law 109-162; 119 Stat. 
                        2960) or an amendment made by that Act; and
                            (ii) provides greater protection for 
                        victims of domestic violence, dating violence, 
                        sexual assault, and stalking than this Act.
                                 <all>