[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 858

  To provide protection for survivors of domestic violence or sexual 
                  assault under the Fair Housing Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

     Mrs. Shaheen (for herself, Mr. Franken, Ms. Stabenow, and Ms. 
  Klobuchar) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide protection for survivors of domestic violence or sexual 
                  assault under the Fair Housing Act.

    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 ``Fair Housing for Domestic Violence 
and Sexual Assault Survivors Act of 2017''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Cities, towns, and rural communities in the United 
        States continue to face enormous challenges regarding domestic 
        violence, sexual assault, dating violence, stalking, and other 
        forms of intimate partner violence.
            (2) One in 3 women have experienced rape, physical 
        violence, or stalking by an intimate partner in their lifetime.
            (3) Approximately 7,000,000 women are raped or physically 
        assaulted by a current or former intimate partner each year.
            (4) Each day, an average of 3 women are killed by a current 
        or former partner.
            (5) Researchers estimate that domestic violence costs 
        employers up to $13,000,000,000 each year.
            (6) A fundamental component of ending domestic and sexual 
        violence is securing safe and affordable housing for victims.
            (7) Research indicates that--
                    (A) nearly 50 percent of all homeless women report 
                that domestic violence was the immediate cause of their 
                homelessness;
                    (B) 92 percent of homeless women report having 
                experienced severe physical or sexual violence at some 
                point in their lives; and
                    (C) victims become homeless as a result of sexual 
                assault, and once homeless, are vulnerable to further 
                sexual victimization and exploitation.
            (8) Surveys show that a majority of victims who experience 
        a sexual assault in their home do not relocate to a safe 
        environment because they do not have sufficient funds and are 
        not aware of better options.
            (9) Domestic and sexual violence victims often find 
        themselves trapped in homes where they are further victimized 
        by caregivers, parents, siblings, landlords, intimate partners, 
        neighbors, or others in or near their home. Economic insecurity 
        and the trauma that often follows sexual assault make it 
        difficult, if not impossible, for many victims to access safe, 
        affordable housing options for themselves and their families.
            (10) Domestic and sexual violence victims continue to face 
        discrimination in securing and maintaining housing based on 
        their status as victims and as a result of crimes committed 
        against them.
            (11) Research by the Attorney General of the State of New 
        York found that 67 percent of domestic violence victims 
        reported that discrimination by landlords is a significant 
        obstacle in obtaining housing.
            (12) Research also shows that victims of domestic violence 
        or sexual assault are commonly denied housing opportunities if 
        a previous residence of the victim was a domestic violence 
        shelter, if the victim has secured a protective order, or if 
        there is other evidence that the victim has experienced a 
        previous domestic violence incident.
            (13) Studies show that victims of domestic violence or 
        sexual assault often face eviction based on a single domestic 
        violence incident.
            (14) It is in the public interest to ensure that victims of 
        domestic violence, sexual assault, dating violence, stalking, 
        and other forms of intimate partner violence are not 
        discriminated against, particularly with respect to housing, 
        based on their status as victims or the crimes committed 
        against them.
            (15) Nothing in this Act should be interpreted to limit the 
        ability of victims of domestic violence or sexual assault to 
        recover for claims of discrimination on the basis of sex or 
        race under the Fair Housing Act (42 U.S.C. 3601 et seq.), 
        including with respect to failure to conform to gender 
        stereotypes or policies that disproportionately affect women.

SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED 
              CLASS UNDER THE FAIR HOUSING ACT.

    (a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is 
amended--
            (1) in section 802 (42 U.S.C. 3602), by adding at the end 
        the following:
    ``(p) `Domestic violence'--
            ``(1) has the meaning given the term in section 40002(a) of 
        the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); 
        and
            ``(2) includes--
                    ``(A) dating violence and stalking, as defined in 
                such section 40002(a); and
                    ``(B) threatened domestic violence.
    ``(q) `Sexual assault'--
            ``(1) has the meaning given the term in section 40002(a) of 
        the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); 
        and
            ``(2) includes threatened sexual assault.'';
            (2) in section 804 (42 U.S.C. 3604)--
                    (A) in subsection (a), by inserting ``, or because 
                the person is a survivor of domestic violence or sexual 
                assault'' before the period at the end;
                    (B) in subsection (b), by inserting, ``, or because 
                the person is a survivor of domestic violence or sexual 
                assault'' before the period at the end;
                    (C) in subsection (c), by striking ``or national 
                origin'' and inserting, ``national origin, or whether a 
                person is a survivor of domestic violence or sexual 
                assault'';
                    (D) in subsection (d), by inserting ``, or because 
                the person is a survivor of domestic violence or sexual 
                assault,'' after ``national origin''; and
                    (E) in subsection (e), by inserting ``, or of a 
                person or persons who are survivors of domestic 
                violence or sexual assault'' before the period at the 
                end;
            (3) in section 805 (42 U.S.C. 3605)--
                    (A) in subsection (a), by inserting ``, or because 
                the person is a survivor of domestic violence or sexual 
                assault'' before the period at the end; and
                    (B) in subsection (c), by striking ``or familial 
                status'' and inserting ``familial status, or whether a 
                person is a survivor of domestic violence or sexual 
                assault'';
            (4) in section 806 (42 U.S.C. 3606), by striking ``or 
        national origin'' and inserting ``national origin, or whether a 
        person is a survivor of domestic violence or sexual assault'';
            (5) in section 807 (42 U.S.C. 3607), by adding at the end 
        the following:
    ``(c) Nothing in this title shall prohibit Federal, State, or local 
governmental or other assistance or a preference program designed to 
assist or benefit domestic violence or sexual assault survivors in 
seeking, securing, or maintaining dwellings, shelters, or any other 
form of housing, including associated notices, statements, or 
advertisements.''; and
            (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by 
        inserting ``status as a survivor of domestic violence or sexual 
        assault,'' after ``handicap,''.
    (b) Prevention of Intimidation in Fair Housing Cases.--The Civil 
Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended--
            (1) in section 901 (42 U.S.C. 3631)--
                    (A) in subsection (a), by inserting ``, or because 
                the person is a survivor of domestic violence or sexual 
                assault,'' after ``national origin'';
                    (B) in subsection (b)(1), by inserting ``or because 
                the person is a survivor of domestic violence or sexual 
                assault,'' after ``national origin,''; and
                    (C) in subsection (c), by inserting ``or because 
                the person is a survivor of domestic violence or sexual 
                assault,'' after ``national origin,''; and
            (2) by inserting after section 901 the following:

                             ``definitions

    ``Sec. 902. In this title, the terms `domestic violence' and 
`sexual assault' have the meanings given those terms in section 802.''.
                                 <all>