II 112th CONGRESS 2d Session S. 3283 IN THE SENATE OF THE UNITED STATES June 11, 2012 Mr. Brown of Massachusetts introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Housing Act to protect servicemembers and veterans from housing discrimination, and for other purposes.

1.

Short title

This Act may be cited as the Ending Housing Discrimination Against Servicemembers and Veterans Act of 2012.

2.

Findings

Congress finds the following: (1)Servicemembers and veterans have given the United States the ultimate commitment to preserve freedom and national security. (2)Those who are serving or have served in the Armed Forces deserve the maximum protection possible from discrimination based upon their military service. (3)Veterans have historically suffered from homelessness at a higher rate than the general population and ending this disgrace should be a national priority. (4)Those who are wearing or have worn the uniform of the United States should be entitled to Federal protection from housing discrimination.

3.

Ending housing discrimination against servicemembers and veterans

(a)

Definitions

Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following: (p)Servicemember or veteran means an individual who serves or served in the Armed Forces, including in the National Guard or the Reserves (or in the National Guard in State status under title 32, United States Code), except that such term does not include an individual who was discharged or released from service under dishonorable conditions. . (b)

Discrimination in the sale or rental of housing and other prohibited practices

Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended— (1)in subsection (a), by inserting or because the person is a servicemember or veteran after national origin; (2)in subsection (b), by inserting or because the person is a servicemember or veteran after national origin; (3)in subsection (c), by inserting or because a person is a servicemember or veteran, after national origin,; and (4)in subsection (d), by inserting , or because the person is a servicemember or veteran, after national origin. (c)

Discrimination in residential real estate-Related transactions

Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended— (1)in subsection (a), by inserting or because the person is a servicemember or veteran after national origin; and (2)in subsection (c), by striking , or familial status and inserting familial status, or whether a person is a servicemember or veteran. (d)

Discrimination in the provision of brokerage services

Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended by inserting or because a person is a servicemember or veteran after national origin. (e)

Religious organization or private club exemption

Section 807(a) of the Fair Housing Act (42 U.S.C. 3607(a)) is amended, in the first sentence by inserting or to persons who are not servicemembers or veterans after national origin. (f)

Administration

Section 808(e)(6) of the Fair Housing Act (42 U.S.C. 3608(e)(6)) is amended, in the first sentence, by inserting (including whether such persons and households are or include servicemembers or veterans) after persons and households. (g)

Prevention of discrimination

Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended— (1)in subsection (a), by inserting , or because the person is a servicemember or veteran (as such term is defined in section 802 of this Act), after national origin; (2)in subsection (b)(1), by inserting or because a person is a servicemember or veteran (as such term is defined in section 802 of this Act), after national origin,; and (3)in subsection (c), by inserting or because a person is a servicemember or veteran (as such term is defined in section 802 of this Act), after national origin,. (h)

Rule of construction

The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by adding at the end the following:

821.

Rule of construction relating to the treatment of servicemembers and veterans

(a)

Rule of construction

Nothing in this Act may be construed to prohibit any person from— (1)making available to an individual a benefit with respect to a dwelling, a residential real estate-related transaction (as defined in section 805 of this Act), or a service described in section 806 of this Act because the individual is a servicemember or veteran; or (2)selling or renting a dwelling only to servicemembers or veterans. (b)

Definition

For purposes of this section, the term benefit includes a term, condition, privilege, promotion, discount, or other favorable treatment (including an advertisement for such treatment) having the purpose or effect of providing an advantage to a servicemember or veteran.

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