[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1122 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1122

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2021

 Mrs. Shaheen 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 
                  violence 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 Violence Survivors Act of 2021''.

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, sex trafficking, dating violence, 
        stalking, and other forms of intimate partner and gender-based 
        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) Among women experiencing sex trafficking, many of their 
        traffickers are also their intimate partners.
            (5) Each day, an average of 3 women are killed by a current 
        or former partner.
            (6) Researchers estimate that domestic violence costs 
        employers up to $13,000,000,000 each year.
            (7) A fundamental component of ending domestic and sexual 
        violence is securing safe and affordable housing for victims.
            (8) 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, including sexual exploitation and 
                trafficking;
                    (C) victims become homeless as a result of sexual 
                assault, and once homeless, are vulnerable to further 
                sexual victimization and exploitation including sex 
                trafficking;
                    (D) women of color in the lowest income category 
                experience 6 times the rate of nonfatal intimate 
                partner violence compared to white women in the highest 
                income category;
                    (E) poor women of color, domestic violence victims, 
                and women with children have a high risk of eviction;
                    (F) vulnerable women are also at risk of sex 
                trafficking and exploitation by landlords who pressure 
                them for sex in exchange for rent or a delay in rent 
                payments; and
                    (G) approximately 38 percent of all victims of 
                domestic violence become homeless at some point in 
                their life.
            (9) 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.
            (10) 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 violence make it 
        difficult, if not impossible, for many victims to access safe, 
        affordable housing options for themselves and their families.
            (11) 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.
            (12) 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.
            (13) 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.
            (14) Studies show that victims of domestic violence or 
        sexual assault often face eviction based on a single domestic 
        violence incident.
            (15) Victims of sex trafficking face additional challenges 
        in obtaining and maintaining housing due to criminal records 
        incurred as a direct result of their exploitation.
            (16) It is in the public interest to ensure that victims of 
        domestic violence, sexual assault, sex trafficking, dating 
        violence, stalking, and other forms of intimate partner and 
        gender-based violence are not discriminated against, 
        particularly with respect to housing, based on their status as 
        victims or the crimes committed against them.
            (17) Nothing in this Act should be interpreted to limit the 
        ability of victims of domestic violence or sexual violence 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 (34 U.S.C. 12291(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 (34 U.S.C. 12291(a)); 
        and
            ``(2) includes threatened sexual assault.
    ``(r) `Sex trafficking' has the meaning given the term in section 
103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102(12)).
    ``(s) `Coercion' has the meaning given the term in section 103 of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(3).'';
            (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, sexual 
                assault, or sex trafficking'' before the period at the 
                end;
                    (B) in subsection (b), by inserting, ``, or because 
                the person is a survivor of domestic violence, sexual 
                assault, or sex trafficking'' 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, sexual 
                assault, or sex trafficking'';
                    (D) in subsection (d), by inserting ``, or because 
                the person is a survivor of domestic violence, sexual 
                assault, or sex trafficking,'' after ``national 
                origin''; and
                    (E) in subsection (e), by inserting ``, or of a 
                person or persons who are survivors of domestic 
                violence, sexual assault, or sex trafficking'' 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, sexual 
                assault, or sex trafficking'' 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, sexual 
                assault, or sex trafficking'';
            (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, sexual assault, or 
        sex trafficking'';
            (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, sexual assault, or sex trafficking 
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, sexual 
        assault, or sex trafficking,'' 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 the paragraph preceding subsection (a), by 
                inserting ``or coercion'' after ``threat of force'';
                    (B) in subsection (a), by inserting ``, or because 
                the person is a survivor of domestic violence, sexual 
                assault, or sex trafficking,'' after ``national 
                origin'';
                    (C) in subsection (b)(1), by inserting ``or because 
                the person is a survivor of domestic violence, sexual 
                assault, or sex trafficking,'' after ``national 
                origin,''; and
                    (D) in subsection (c), by inserting ``or because 
                the person is a survivor of domestic violence, sexual 
                assault, or sex trafficking,'' after ``national 
                origin,''; and
            (2) by inserting after section 901 the following:

                             ``definitions

    ``Sec. 902. In this title, the terms `domestic violence', `sexual 
assault', `sex trafficking', and `coercion' have the meanings given 
those terms in section 802.''.
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