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

I 117TH CONGRESS 1ST SESSION H. R. 2542 To provide protection for survivors of domestic violence or sexual violence under the Fair Housing Act. IN THE HOUSE OF REPRESENTATIVES APRIL 14, 2021 Ms. WASSERMAN SCHULTZ (for herself, Mr. CARSON, Mr. GRIJALVA, Ms. KUSTER, Ms. VELA´ZQUEZ, Mrs. NAPOLITANO, Mr. BLUMENAUER, Ms. OMAR, Mrs. HAYES, Ms. BONAMICI, Mr. LAWSON of Florida, Ms. NOR- TON, Mrs. TORRES of California, Mr. DANNY K. DAVIS of Illinois, Ms. JOHNSON of Texas, Mrs. BUSTOS, Mr. KHANNA, Mr. COOPER, Ms. LEE of California, Mr. TORRES of New York, Ms. SPEIER, Mr. RASKIN, Mrs. WATSON COLEMAN, Ms. JAYAPAL, Ms. WILLIAMS of Georgia, Mr. HORSFORD, Ms. ROSS, and Ms. MOORE of Wisconsin) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary 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 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2542 IH SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) Cities, towns, and rural communities in the 3 United States continue to face enormous challenges 4 regarding domestic violence, sexual assault, sex traf- 5 ficking, dating violence, stalking, and other forms of 6 intimate partner and gender-based violence. 7 (2) One in 3 women have experienced rape, 8 physical violence, or stalking by an intimate partner 9 in their lifetime. 10 (3) Approximately 7,000,000 women are raped 11 or physically assaulted by a current or former inti- 12 mate partner each year. 13 (4) Among women experiencing sex trafficking, 14 many of their traffickers are also their intimate 15 partners. 16 (5) Each day, an average of 3 women are killed 17 by a current or former partner. 18 (6) Researchers estimate that domestic violence 19 costs employers up to $13,000,000,000 each year. 20 (7) A fundamental component of ending domes- 21 tic and sexual violence is securing safe and afford- 22 able housing for victims. 23 (8) Research indicates that— 24 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2542 IH (A) nearly 50 percent of all homeless 1 women report that domestic violence was the 2 immediate cause of their homelessness; 3 (B) 92 percent of homeless women report 4 having experienced severe physical or sexual vi- 5 olence at some point in their lives, including 6 sexual exploitation and trafficking; 7 (C) victims become homeless as a result of 8 sexual assault, and once homeless, are vulner- 9 able to further sexual victimization and exploi- 10 tation including sex trafficking; 11 (D) women of color in the lowest income 12 category experience 6 times the rate of nonfatal 13 intimate partner violence compared to white 14 women in the highest income category; 15 (E) poor women of color, domestic violence 16 victims, and women with children have a high 17 risk of eviction; 18 (F) vulnerable women are also at risk of 19 sex trafficking and exploitation by landlords 20 who pressure them for sex in exchange for rent 21 or a delay in rent payments; and 22 (G) approximately 38 percent of all victims 23 of domestic violence become homeless at some 24 point in their life. 25 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2542 IH (9) Surveys show that a majority of victims who 1 experience a sexual assault in their home do not re- 2 locate to a safe environment because they do not 3 have sufficient funds and are not aware of better op- 4 tions. 5 (10) Domestic and sexual violence victims often 6 find themselves trapped in homes where they are 7 further victimized by caregivers, parents, siblings, 8 landlords, intimate partners, neighbors, or others in 9 or near their home. Economic insecurity and the 10 trauma that often follows sexual violence make it 11 difficult, if not impossible, for many victims to ac- 12 cess safe, affordable housing options for themselves 13 and their families. 14 (11) Domestic and sexual violence victims con- 15 tinue to face discrimination in securing and main- 16 taining housing based on their status as victims and 17 as a result of crimes committed against them. 18 (12) Research by the Attorney General of the 19 State of New York found that 67 percent of domes- 20 tic violence victims reported that discrimination by 21 landlords is a significant obstacle in obtaining hous- 22 ing. 23 (13) Research also shows that victims of domes- 24 tic violence or sexual assault are commonly denied 25 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2542 IH housing opportunities if a previous residence of the 1 victim was a domestic violence shelter, if the victim 2 has secured a protective order, or if there is other 3 evidence that the victim has experienced a previous 4 domestic violence incident. 5 (14) Studies show that victims of domestic vio- 6 lence or sexual assault often face eviction based on 7 a single domestic violence incident. 8 (15) Victims of sex trafficking face additional 9 challenges in obtaining and maintaining housing due 10 to criminal records incurred as a direct result of 11 their exploitation. 12 (16) It is in the public interest to ensure that 13 victims of domestic violence, sexual assault, sex traf- 14 ficking, dating violence, stalking, and other forms of 15 intimate partner and gender-based violence are not 16 discriminated against, particularly with respect to 17 housing, based on their status as victims or the 18 crimes committed against them. 19 (17) Nothing in this Act should be interpreted 20 to limit the ability of victims of domestic violence or 21 sexual violence to recover for claims of discrimina- 22 tion on the basis of sex or race under the Fair 23 Housing Act (42 U.S.C. 3601 et seq.), including 24 with respect to failure to conform to gender stereo- 25 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2542 IH types or policies that disproportionately affect 1 women. 2 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 3 ASSAULT AS PROTECTED CLASS UNDER THE 4 FAIR HOUSING ACT. 5 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 6 3601 et seq.) is amended— 7 (1) in section 802 (42 U.S.C. 3602), by adding 8 at the end the following: 9 ‘‘(p) ‘Domestic violence’— 10 ‘‘(1) has the meaning given the term in section 11 40002(a) of the Violence Against Women Act of 12 1994 (34 U.S.C. 12291(a)); and 13 ‘‘(2) includes— 14 ‘‘(A) dating violence and stalking, as de- 15 fined in such section 40002(a); and 16 ‘‘(B) threatened domestic violence. 17 ‘‘(q) ‘Sexual assault’— 18 ‘‘(1) has the meaning given the term in section 19 40002(a) of the Violence Against Women Act of 20 1994 (34 U.S.C. 12291(a)); and 21 ‘‘(2) includes threatened sexual assault. 22 ‘‘(r) ‘Sex trafficking’ has the meaning given the term 23 in section 103 of the Trafficking Victims Protection Act 24 of 2000 (22 U.S.C. 7102(12)). 25 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2542 IH ‘‘(s) ‘Coercion’ has the meaning given the term in sec- 1 tion 103 of the Trafficking Victims Protection Act of 2000 2 (22 U.S.C. 7102(3).’’; 3 (2) in section 804 (42 U.S.C. 3604)— 4 (A) in subsection (a), by inserting ‘‘, or be- 5 cause the person is a survivor of domestic vio- 6 lence, sexual assault, or sex trafficking’’ before 7 the period at the end; 8 (B) in subsection (b), by inserting, ‘‘, or 9 because the person is a survivor of domestic vio- 10 lence, sexual assault, or sex trafficking’’ before 11 the period at the end; 12 (C) in subsection (c), by striking ‘‘or na- 13 tional origin’’ and inserting, ‘‘national origin, or 14 whether a person is a survivor of domestic vio- 15 lence, sexual assault, or sex trafficking’’; 16 (D) in subsection (d), by inserting ‘‘, or 17 because the person is a survivor of domestic vio- 18 lence, sexual assault, or sex trafficking,’’ after 19 ‘‘national origin’’; and 20 (E) in subsection (e), by inserting ‘‘, or of 21 a person or persons who are survivors of domes- 22 tic violence, sexual assault, or sex trafficking’’ 23 before the period at the end; 24 (3) in section 805 (42 U.S.C. 3605)— 25 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2542 IH (A) in subsection (a), by inserting ‘‘, or be- 1 cause the person is a survivor of domestic vio- 2 lence, sexual assault, or sex trafficking’’ before 3 the period at the end; and 4 (B) in subsection (c), by striking ‘‘or fa- 5 milial status’’ and inserting ‘‘familial status, or 6 whether a person is a survivor of domestic vio- 7 lence, sexual assault, or sex trafficking’’; 8 (4) in section 806 (42 U.S.C. 3606), by striking 9 ‘‘or national origin’’ and inserting ‘‘national origin, 10 or whether a person is a survivor of domestic vio- 11 lence, sexual assault, or sex trafficking’’; 12 (5) in section 807 (42 U.S.C. 3607), by adding 13 at the end the following: 14 ‘‘(c) Nothing in this title shall prohibit Federal, 15 State, or local governmental or other assistance or a pref- 16 erence program designed to assist or benefit domestic vio- 17 lence, sexual assault, or sex trafficking survivors in seek- 18 ing, securing, or maintaining dwellings, shelters, or any 19 other form of housing, including associated notices, state- 20 ments, or advertisements.’’; and 21 (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 22 by inserting ‘‘status as a survivor of domestic vio- 23 lence, sexual assault, or sex trafficking,’’ after 24 ‘‘handicap,’’. 25 VerDate Sep 11 2014 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2542 IH (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 21:55 May 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H2542.IH H2542 pbinns on DSKJLVW7X2PROD with BILLS