[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7706-S7708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRANKEN (for himself, Ms. Collins, and Ms. Mikulski):
  S. 1892. A bill to protect the housing rights of victims of domestic 
violence, dating violence, sexual assault, and stalking, and for other 
purposes; to the Committee on Banking, Housing, and Urban Affairs.
  Mr. FRANKEN. Mr. President, nobody should have to choose between 
safety and shelter. Yet 48 percent of homeless women in Minnesota 
previously had stayed in abusive situations because they did not have 
safe housing options available to them. Twenty-nine percent of homeless 
adult women in my State are fleeing domestic violence, and more than 
half of those women are living with children. That simply is not 
acceptable.
  This problem is not unique to Minnesota. Far from it. National 
studies establish an undeniable link between homelessness and domestic 
and sexual violence. By one account, two in five women who experience 
domestic violence will become homeless at some point in their lives.
  Not surprisingly, once a woman becomes homeless, she becomes 
vulnerable to further violence and exploitation. In fact, nine in ten 
homeless women have experienced severe physical or sexual abuse. During 
a hearing last week, the Executive Director of the Minnesota Indian 
Women's Resource Center explained that perpetrators of sexual violence 
often prey on homeless women.
  Of course, we all know that this problem is not about statistics. It 
is about the real people with real stories who are behind the numbers. 
It is about the woman in California who was evicted for ``causing a 
nuisance'' after the police responded to an incident of domestic 
violence in her Low Income Housing Tax Credit unit--where she was the 
victim.
  It is about the mother of five in Florida who received a termination 
notice after her ex-husband broke down her door and assaulted her. It 
is about the 83-year-old woman in Minnesota who was threatened with 
eviction from her Section 202 housing unit because of disturbances 
caused by her abuser.
  Though the link between homelessness and domestic and sexual violence 
is undeniable, it is not unbreakable. Advocates across the country work 
tirelessly to ensure that victims of domestic and sexual violence have 
the shelter and support they need. Local law enforcement officials and 
prosecutors are dedicated to ending the cycle of abuse and 
homelessness. Property owners, too, often work with victims, advocates, 
and local authorities to find solutions to the problem.
  Here in Congress, we have made efforts to break the link between 
domestic and sexual violence and homelessness as well. The 2005 
Violence Against Women Act included important protections that made it 
unlawful to deny someone housing assistance under certain federal 
prorams just because the individual is a victim of domestic violence, 
dating violence, or stalking. From conversations with experts in 
Minnesota, I know that those protections have been invaluable.
  The Violence Against Women Act is now up for reauthorization. That 
occasion provides us an opportunity to build on the successes of the 
2005 bill and to address its shortcomings. That is why today I have 
introduced the Housing Rights for Victims of Domestic and Sexual 
Violence Act. This bill is for every woman who has hesitated to call 
the police to enforce a protective order because she was afraid that 
she would be evicted if she did so. The bill rests on the simple 
premise that a woman should not lose her home just because she is a 
victim of domestic or sexual violence.
  The Violence Against Women Act currently protects tenants of only two 
federal housing programs--those provided under Sections 6 and 8 of the 
U.S. Housing Act of 1937. These protections were an important first 
step. But we can do better. A woman's rights should not depend on the 
type of housing assistance she receives.
  So my bill extends VAWA's housing protections to the Low Income 
Housing Tax Credit program, the Rural Housing Services program, the 
Housing Opportunities for Persons with AIDS program, the Section 811 
Supportive Housing Program for persons with disabilities, and five 
additional Federal housing programs. The Congressional Research Service 
estimates that the bill will cover more than 4 million housing units 
that are not included in existing law.
  In addition, current law fails to secure housing rights for victims 
of sexual assault. My bill fixes that problem. It makes it unlawful to 
deny a woman federally assisted housing just because she is a victim of 
sexual assault. As the National Alliance to End Sexual Violence 
explains, too many victims become homeless as a result of sexual 
assault, and, once homeless, they are further to sexual victimization. 
My bill recognizes that victims of sexual assault require safe housing 
just as do victims of domestic violence, dating violence, and 
stalking--groups that already are covered by existing law.
  My bill also takes an important new step toward ensuring that victims 
of domestic and sexual violence do not end up on the streets. It 
requires managers of federally supported housing units to adopt 
emergency transfer policies for women who would be in imminent danger 
were they to stay in their current homes. Under these policies, a 
victim of domestic or sexual violence could move to safe, federally 
subsidized housing unit instead of staying in harm's way.
  I am proud to introduce this legislation with Senator Collins and 
Senator Mikulski, both of whom are true champions of women's rights. 
Both are advocates for victims of domestic and sexual vio1ence. In 
2005, both cosponsored the Violenc Against Women Act reauthorization 
bill. They were leaders in this area then, and they have stepped 
forward to lead again today. I thank them for their help.
  The Housing Rights for Victims of Domestic and Sexual Violence Act is 
preventive, proven, and precedented.
  It is preventive because it will keep women and children in their 
homes at a time when they are vulnerable--when they need a roof over 
their heads the most. It is no secret that shelters and transitional 
housing programs are overextended. This legislation addresses a 
victim's housing needs before she becomes homeless and requires those 
services.
  The protections contained in the bill are proven. Advocacy groups 
from Minnesota and throughout the country--the people most familiar 
with the problem--have weighed in on this bill. It already has been 
endorsed by 23 organizations, including the National Network to End 
Domestic Violence, the National Alliance to End Sexual Violence, the 
National Women's Law Center, the National Housing Law Project, and the 
National Low Income Housing Coalition.
  The bill is unprecedented, too. We are not reinventing the wheel 
here. The bill builds upon housing protections that were incduded in 
the 2005 VAWA reauthorization bill, which passed the Senate with 
unanimous consent and was signed into law by President George W. Bush. 
Though many say the political climate here in Washington has changed 
for the worse in the years since then, I am hopeful that the goals 
underlying VAWA once again will transcend partisanship.
  We have worked together to address the unique housing needs facing 
domestic and sexual violence victims in the past. We need to do so 
again today.

[[Page S7707]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1892

       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

[[Page S7708]]

     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);
       (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.
                                 ______