Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fair Housing for Do- 4 mestic Violence and Sexual Violence Survivors Act of 5 2021’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 (1) Cities, towns, and rural communities in the 9 United States continue to face enormous challenges 10 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1122 IS regarding domestic violence, sexual assault, sex traf- 1 ficking, dating violence, stalking, and other forms of 2 intimate partner and gender-based violence. 3 (2) One in 3 women have experienced rape, 4 physical violence, or stalking by an intimate partner 5 in their lifetime. 6 (3) Approximately 7,000,000 women are raped 7 or physically assaulted by a current or former inti- 8 mate partner each year. 9 (4) Among women experiencing sex trafficking, 10 many of their traffickers are also their intimate 11 partners. 12 (5) Each day, an average of 3 women are killed 13 by a current or former partner. 14 (6) Researchers estimate that domestic violence 15 costs employers up to $13,000,000,000 each year. 16 (7) A fundamental component of ending domes- 17 tic and sexual violence is securing safe and afford- 18 able housing for victims. 19 (8) Research indicates that— 20 (A) nearly 50 percent of all homeless 21 women report that domestic violence was the 22 immediate cause of their homelessness; 23 (B) 92 percent of homeless women report 24 having experienced severe physical or sexual vi- 25 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1122 IS olence at some point in their lives, including 1 sexual exploitation and trafficking; 2 (C) victims become homeless as a result of 3 sexual assault, and once homeless, are vulner- 4 able to further sexual victimization and exploi- 5 tation including sex trafficking; 6 (D) women of color in the lowest income 7 category experience 6 times the rate of nonfatal 8 intimate partner violence compared to white 9 women in the highest income category; 10 (E) poor women of color, domestic violence 11 victims, and women with children have a high 12 risk of eviction; 13 (F) vulnerable women are also at risk of 14 sex trafficking and exploitation by landlords 15 who pressure them for sex in exchange for rent 16 or a delay in rent payments; and 17 (G) approximately 38 percent of all victims 18 of domestic violence become homeless at some 19 point in their life. 20 (9) Surveys show that a majority of victims who 21 experience a sexual assault in their home do not re- 22 locate to a safe environment because they do not 23 have sufficient funds and are not aware of better op- 24 tions. 25 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1122 IS (10) Domestic and sexual violence victims often 1 find themselves trapped in homes where they are 2 further victimized by caregivers, parents, siblings, 3 landlords, intimate partners, neighbors, or others in 4 or near their home. Economic insecurity and the 5 trauma that often follows sexual violence make it 6 difficult, if not impossible, for many victims to ac- 7 cess safe, affordable housing options for themselves 8 and their families. 9 (11) Domestic and sexual violence victims con- 10 tinue to face discrimination in securing and main- 11 taining housing based on their status as victims and 12 as a result of crimes committed against them. 13 (12) Research by the Attorney General of the 14 State of New York found that 67 percent of domes- 15 tic violence victims reported that discrimination by 16 landlords is a significant obstacle in obtaining hous- 17 ing. 18 (13) Research also shows that victims of domes- 19 tic violence or sexual assault are commonly denied 20 housing opportunities if a previous residence of the 21 victim was a domestic violence shelter, if the victim 22 has secured a protective order, or if there is other 23 evidence that the victim has experienced a previous 24 domestic violence incident. 25 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1122 IS (14) Studies show that victims of domestic vio- 1 lence or sexual assault often face eviction based on 2 a single domestic violence incident. 3 (15) Victims of sex trafficking face additional 4 challenges in obtaining and maintaining housing due 5 to criminal records incurred as a direct result of 6 their exploitation. 7 (16) It is in the public interest to ensure that 8 victims of domestic violence, sexual assault, sex traf- 9 ficking, dating violence, stalking, and other forms of 10 intimate partner and gender-based violence are not 11 discriminated against, particularly with respect to 12 housing, based on their status as victims or the 13 crimes committed against them. 14 (17) Nothing in this Act should be interpreted 15 to limit the ability of victims of domestic violence or 16 sexual violence to recover for claims of discrimina- 17 tion on the basis of sex or race under the Fair 18 Housing Act (42 U.S.C. 3601 et seq.), including 19 with respect to failure to conform to gender stereo- 20 types or policies that disproportionately affect 21 women. 22 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1122 IS SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 1 ASSAULT AS PROTECTED CLASS UNDER THE 2 FAIR HOUSING ACT. 3 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 4 3601 et seq.) is amended— 5 (1) in section 802 (42 U.S.C. 3602), by adding 6 at the end the following: 7 ‘‘(p) ‘Domestic violence’— 8 ‘‘(1) has the meaning given the term in section 9 40002(a) of the Violence Against Women Act of 10 1994 (34 U.S.C. 12291(a)); and 11 ‘‘(2) includes— 12 ‘‘(A) dating violence and stalking, as de- 13 fined in such section 40002(a); and 14 ‘‘(B) threatened domestic violence. 15 ‘‘(q) ‘Sexual assault’— 16 ‘‘(1) has the meaning given the term in section 17 40002(a) of the Violence Against Women Act of 18 1994 (34 U.S.C. 12291(a)); and 19 ‘‘(2) includes threatened sexual assault. 20 ‘‘(r) ‘Sex trafficking’ has the meaning given the term 21 in section 103 of the Trafficking Victims Protection Act 22 of 2000 (22 U.S.C. 7102(12)). 23 ‘‘(s) ‘Coercion’ has the meaning given the term in sec- 24 tion 103 of the Trafficking Victims Protection Act of 2000 25 (22 U.S.C. 7102(3).’’; 26 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1122 IS (2) in section 804 (42 U.S.C. 3604)— 1 (A) in subsection (a), by inserting ‘‘, or be- 2 cause the person is a survivor of domestic vio- 3 lence, sexual assault, or sex trafficking’’ before 4 the period at the end; 5 (B) in subsection (b), by inserting, ‘‘, or 6 because the person is a survivor of domestic vio- 7 lence, sexual assault, or sex trafficking’’ before 8 the period at the end; 9 (C) in subsection (c), by striking ‘‘or na- 10 tional origin’’ and inserting, ‘‘national origin, or 11 whether a person is a survivor of domestic vio- 12 lence, sexual assault, or sex trafficking’’; 13 (D) in subsection (d), by inserting ‘‘, or 14 because the person is a survivor of domestic vio- 15 lence, sexual assault, or sex trafficking,’’ after 16 ‘‘national origin’’; and 17 (E) in subsection (e), by inserting ‘‘, or of 18 a person or persons who are survivors of domes- 19 tic violence, sexual assault, or sex trafficking’’ 20 before the period at the end; 21 (3) in section 805 (42 U.S.C. 3605)— 22 (A) in subsection (a), by inserting ‘‘, or be- 23 cause the person is a survivor of domestic vio- 24 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1122 IS lence, sexual assault, or sex trafficking’’ before 1 the period at the end; and 2 (B) in subsection (c), by striking ‘‘or fa- 3 milial status’’ and inserting ‘‘familial status, or 4 whether a person is a survivor of domestic vio- 5 lence, sexual assault, or sex trafficking’’; 6 (4) in section 806 (42 U.S.C. 3606), by striking 7 ‘‘or national origin’’ and inserting ‘‘national origin, 8 or whether a person is a survivor of domestic vio- 9 lence, sexual assault, or sex trafficking’’; 10 (5) in section 807 (42 U.S.C. 3607), by adding 11 at the end the following: 12 ‘‘(c) Nothing in this title shall prohibit Federal, 13 State, or local governmental or other assistance or a pref- 14 erence program designed to assist or benefit domestic vio- 15 lence, sexual assault, or sex trafficking survivors in seek- 16 ing, securing, or maintaining dwellings, shelters, or any 17 other form of housing, including associated notices, state- 18 ments, or advertisements.’’; and 19 (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 20 by inserting ‘‘status as a survivor of domestic vio- 21 lence, sexual assault, or sex trafficking,’’ after 22 ‘‘handicap,’’. 23 VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1122 IS (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 1 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 2 1301 et seq.) is amended— 3 (1) in section 901 (42 U.S.C. 3631)— 4 (A) in the paragraph preceding subsection 5 (a), by inserting ‘‘or coercion’’ after ‘‘threat of 6 force’’; 7 (B) in subsection (a), by inserting ‘‘, or be- 8 cause the person is a survivor of domestic vio- 9 lence, sexual assault, or sex trafficking,’’ after 10 ‘‘national origin’’; 11 (C) in subsection (b)(1), by inserting ‘‘or 12 because the person is a survivor of domestic vio- 13 lence, sexual assault, or sex trafficking,’’ after 14 ‘‘national origin,’’; and 15 (D) in subsection (c), by inserting ‘‘or be- 16 cause the person is a survivor of domestic vio- 17 lence, sexual assault, or sex trafficking,’’ after 18 ‘‘national origin,’’; and 19 (2) by inserting after section 901 the following: 20 ‘‘DEFINITIONS 21 ‘‘SEC. 902. In this title, the terms ‘domestic violence’, 22 ‘sexual assault’, ‘sex trafficking’, and ‘coercion’ have the 23 meanings given those terms in section 802.’’. 24 Æ VerDate Sep 11 2014 01:56 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1122.IS S1122 kjohnson on DSK79L0C42PROD with BILLS