Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5531 To provide protection for survivors of domestic violence or sexual assault under the Fair Housing Act. IN THE HOUSE OF REPRESENTATIVES DECEMBER 19, 2019 Ms. WASSERMAN SCHULTZ (for herself, Mrs. CAROLYN B. MALONEY of New York, Ms. KUSTER of New Hampshire, Ms. JAYAPAL, and Mr. RASKIN) introduced the following bill; which was referred to the Committee on the Judiciary 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 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 Assault Survivors Act of 5 2019’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 2 •HR 5531 IH (1) Cities, towns, and rural communities in the 1 United States continue to face enormous challenges 2 regarding domestic violence, sexual assault, dating 3 violence, stalking, and other forms of intimate part- 4 ner violence. 5 (2) One in 3 women have experienced rape, 6 physical violence, or stalking by an intimate partner 7 in their lifetime. 8 (3) Approximately 7,000,000 women are raped 9 or physically assaulted by a current or former inti- 10 mate partner each year. 11 (4) Each day, an average of 3 women are killed 12 by a current or former partner. 13 (5) Researchers estimate that domestic violence 14 costs employers up to $13,000,000,000 each year. 15 (6) A fundamental component of ending domes- 16 tic and sexual violence is securing safe and afford- 17 able housing for victims. 18 (7) Research indicates that— 19 (A) nearly 50 percent of all homeless 20 women report that domestic violence was the 21 immediate cause of their homelessness; 22 (B) 92 percent of homeless women report 23 having experienced severe physical or sexual vi- 24 olence at some point in their lives; 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 3 •HR 5531 IH (C) victims become homeless as a result of 1 sexual assault, and once homeless, are vulner- 2 able to further sexual victimization and exploi- 3 tation; 4 (D) women of color in the lowest income 5 category experience 6 times the rate of nonfatal 6 intimate partner violence compared to white 7 women in the highest income category; 8 (E) poor women of color, domestic violence 9 victims, and women with children have a high 10 risk of eviction; and 11 (F) approximately 38 percent of all victims 12 of domestic violence become homeless at some 13 point in their life. 14 (8) Surveys show that a majority of victims who 15 experience a sexual assault in their home do not re- 16 locate to a safe environment because they do not 17 have sufficient funds and are not aware of better op- 18 tions. 19 (9) Domestic and sexual violence victims often 20 find themselves trapped in homes where they are 21 further victimized by caregivers, parents, siblings, 22 landlords, intimate partners, neighbors, or others in 23 or near their home. Economic insecurity and the 24 trauma that often follows sexual assault make it dif- 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 4 •HR 5531 IH ficult, if not impossible, for many victims to access 1 safe, affordable housing options for themselves and 2 their families. 3 (10) Domestic and sexual violence victims con- 4 tinue to face discrimination in securing and main- 5 taining housing based on their status as victims and 6 as a result of crimes committed against them. 7 (11) Research by the Attorney General of the 8 State of New York found that 67 percent of domes- 9 tic violence victims reported that discrimination by 10 landlords is a significant obstacle in obtaining hous- 11 ing. 12 (12) Research also shows that victims of domes- 13 tic violence or sexual assault are commonly denied 14 housing opportunities if a previous residence of the 15 victim was a domestic violence shelter, if the victim 16 has secured a protective order, or if there is other 17 evidence that the victim has experienced a previous 18 domestic violence incident. 19 (13) Studies show that victims of domestic vio- 20 lence or sexual assault often face eviction based on 21 a single domestic violence incident. 22 (14) It is in the public interest to ensure that 23 victims of domestic violence, sexual assault, dating 24 violence, stalking, and other forms of intimate part- 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 5 •HR 5531 IH ner violence are not discriminated against, particu- 1 larly with respect to housing, based on their status 2 as victims or the crimes committed against them. 3 (15) Nothing in this Act should be interpreted 4 to limit the ability of victims of domestic violence or 5 sexual assault to recover for claims of discrimination 6 on the basis of sex or race under the Fair Housing 7 Act (42 U.S.C. 3601 et seq.), including with respect 8 to failure to conform to gender stereotypes or poli- 9 cies that disproportionately affect women. 10 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 11 ASSAULT AS PROTECTED CLASS UNDER THE 12 FAIR HOUSING ACT. 13 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 14 3601 et seq.) is amended— 15 (1) in section 802 (42 U.S.C. 3602), by adding 16 at the end the following: 17 ‘‘(p) ‘Domestic violence’— 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— 22 ‘‘(A) dating violence and stalking, as de- 23 fined in such section 40002(a); and 24 ‘‘(B) threatened domestic violence. 25 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 6 •HR 5531 IH ‘‘(q) ‘Sexual assault’— 1 ‘‘(1) has the meaning given the term in section 2 40002(a) of the Violence Against Women Act of 3 1994 (34 U.S.C. 12291(a)); and 4 ‘‘(2) includes threatened sexual assault.’’; 5 (2) in section 804 (42 U.S.C. 3604)— 6 (A) in subsection (a), by inserting ‘‘, or be- 7 cause the person is a survivor of domestic vio- 8 lence or sexual assault’’ before the period at the 9 end; 10 (B) in subsection (b), by inserting, ‘‘, or 11 because the person is a survivor of domestic vio- 12 lence or sexual assault’’ before the period at the 13 end; 14 (C) in subsection (c), by striking ‘‘or na- 15 tional origin’’ and inserting, ‘‘national origin, or 16 whether a person is a survivor of domestic vio- 17 lence or sexual assault’’; 18 (D) in subsection (d), by inserting ‘‘, or 19 because the person is a survivor of domestic vio- 20 lence or sexual assault,’’ after ‘‘national origin’’; 21 and 22 (E) in subsection (e), by inserting ‘‘, or of 23 a person or persons who are survivors of domes- 24 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 7 •HR 5531 IH tic violence or sexual assault’’ before the period 1 at the end; 2 (3) in section 805 (42 U.S.C. 3605)— 3 (A) in subsection (a), by inserting ‘‘, or be- 4 cause the person is a survivor of domestic vio- 5 lence or sexual assault’’ before the period at the 6 end; and 7 (B) in subsection (c), by striking ‘‘or fa- 8 milial status’’ and inserting ‘‘familial status, or 9 whether a person is a survivor of domestic vio- 10 lence or sexual assault’’; 11 (4) in section 806 (42 U.S.C. 3606), by striking 12 ‘‘or national origin’’ and inserting ‘‘national origin, 13 or whether a person is a survivor of domestic vio- 14 lence or sexual assault’’; 15 (5) in section 807 (42 U.S.C. 3607), by adding 16 at the end the following: 17 ‘‘(c) Nothing in this title shall prohibit Federal, 18 State, or local governmental or other assistance or a pref- 19 erence program designed to assist or benefit domestic vio- 20 lence or sexual assault survivors in seeking, securing, or 21 maintaining dwellings, shelters, or any other form of hous- 22 ing, including associated notices, statements, or advertise- 23 ments.’’; and 24 VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531 8 •HR 5531 IH (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 1 by inserting ‘‘status as a survivor of domestic vio- 2 lence or sexual assault,’’ after ‘‘handicap,’’. 3 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 4 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 5 1301 et seq.) is amended— 6 (1) in section 901 (42 U.S.C. 3631)— 7 (A) in subsection (a), by inserting ‘‘, or be- 8 cause the person is a survivor of domestic vio- 9 lence or sexual assault,’’ after ‘‘national origin’’; 10 (B) in subsection (b)(1), by inserting ‘‘or 11 because the person is a survivor of domestic vio- 12 lence or sexual assault,’’ after ‘‘national ori- 13 gin,’’; and 14 (C) in subsection (c), by inserting ‘‘or be- 15 cause the person is a survivor of domestic vio- 16 lence or sexual assault,’’ after ‘‘national ori- 17 gin,’’; and 18 (2) by inserting after section 901 the following: 19 ‘‘DEFINITIONS 20 ‘‘SEC. 902. In this title, the terms ‘domestic violence’ 21 and ‘sexual assault’ have the meanings given those terms 22 in section 802.’’. 23 Æ VerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H5531.IH H5531