Fair Housing for Survivors Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1293 To provide protection for survivors of domestic violence, sexual violence, and sex trafficking under the Fair Housing Act. IN THE SENATE OF THE UNITED STATES APRIL 26, 2023 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, sex- ual violence, and sex trafficking 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 Sur- 4 vivors Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Cities, towns, and rural communities in the 8 United States continue to face enormous challenges 9 regarding domestic violence, sexual assault, sex traf- 10 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1293 IS ficking, dating violence, stalking, and other forms of 1 intimate partner and gender-based violence. 2 (2) One in three women and one in ten men in 3 the United States have experienced rape, physical vi- 4 olence, or stalking by an intimate partner in their 5 lifetime. 6 (3) Intimate partner violence alone affects more 7 than 12,000,000 people in the United States every 8 year. 9 (4) Approximately 7,000,000 women are raped 10 or physically assaulted by a current or former inti- 11 mate partner each year. 12 (5) Among women experiencing sex trafficking, 13 many of their traffickers are also their intimate 14 partners. 15 (6) Each day, an average of three women are 16 killed by a current or former partner. 17 (7) Researchers estimate that domestic violence 18 costs employers up to $13,000,000,000 each year. 19 (8) A fundamental component of ending domes- 20 tic and sexual violence is securing safe and afford- 21 able housing for survivors. 22 (9) Research indicates that: 23 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1293 IS (A) As many as fifty-seven percent of 1 homeless women report that domestic violence 2 was the immediate cause of their homelessness. 3 (B) Ninety-two percent of homeless women 4 report having experienced severe physical or 5 sexual violence at some point in their lives, in- 6 cluding sexual exploitation and trafficking. 7 (C) Eighty-four percent of survivors in do- 8 mestic violence shelters reported that they need- 9 ed help finding affordable housing. The Na- 10 tional Network to End Domestic Violence’s DV 11 Counts Report finds that the majority of sur- 12 vivors’ unmet needs are related to housing and 13 shelter. In another nationwide study, more than 14 half of the victims who identified a need for 15 housing services did not receive them. 16 (D) Survivors who become homeless as a 17 result of sexual assault are vulnerable to fur- 18 ther sexual victimization and exploitation in- 19 cluding sex trafficking. 20 (E) Women of color in the lowest income 21 category experience six times the rate of 22 nonfatal intimate partner violence compared to 23 white women in the highest income category. 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1293 IS (F) Poor women of color, domestic violence 1 survivors, and women with children are among 2 those at the highest risk of eviction. 3 (G) Housing insecurity can exacerbate sur- 4 vivors’ vulnerability. Women and men who expe- 5 rienced food or housing insecurity in a 12- 6 month period had a significantly higher preva- 7 lence of rape, physical violence, or stalking by 8 an intimate partner in that same time period, 9 as compared to those who did not experience 10 food or housing insecurity. 11 (H) Vulnerable women are also at risk of 12 sex trafficking and exploitation by landlords 13 who pressure them for sex in exchange for rent 14 or a delay in rent payments. 15 (I) Approximately thirty-eight percent of 16 all survivors of domestic violence become home- 17 less at some point in their life. 18 (10) Surveys show that a majority of survivors 19 who experience a sexual assault in their home do not 20 relocate to a safe environment because they do not 21 have sufficient funds and are not aware of better op- 22 tions. 23 (11) Domestic and sexual violence survivors 24 often find themselves trapped in homes where they 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1293 IS are further victimized by caregivers, parents, sib- 1 lings, landlords, intimate partners, neighbors, or oth- 2 ers in or near their home. Economic insecurity and 3 the trauma that often follows sexual violence make 4 it difficult, if not impossible, for many survivors to 5 access safe, affordable housing options for them- 6 selves and their families. 7 (12) Domestic and sexual violence survivors 8 continue to face discrimination in securing and 9 maintaining housing based on their status as sur- 10 vivors and as a result of crimes committed against 11 them. 12 (13) Research by the Attorney General of the 13 State of New York found that sixty-seven percent of 14 domestic violence survivors reported that discrimina- 15 tion by landlords is a significant obstacle in obtain- 16 ing housing. 17 (14) Research also shows that survivors of do- 18 mestic violence or sexual assault are commonly de- 19 nied housing opportunities if a previous residence of 20 the survivor was a domestic violence shelter, if the 21 survivor has secured a protective order, or if there 22 is other evidence that the survivor has experienced 23 a previous domestic violence incident. 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1293 IS (15) Studies show that survivors of domestic vi- 1 olence or sexual assault often face eviction based on 2 a single domestic violence incident. 3 (16) Survivors 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 (17) It is in the public interest to ensure that 8 survivors of domestic violence, sexual assault, sex 9 trafficking, dating violence, stalking, and other 10 forms of intimate partner and gender-based violence 11 are not discriminated against, particularly with re- 12 spect to housing, based on their status as victims of 13 the crimes committed against them. 14 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 15 ASSAULT AS PROTECTED CLASS UNDER THE 16 FAIR HOUSING ACT. 17 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 18 3601 et seq.) is amended— 19 (1) in section 802 (42 U.S.C. 3602), by adding 20 at the end the following: 21 ‘‘(p) ‘Domestic violence’— 22 ‘‘(1) has the meaning given the term in section 23 40002(a) of the Violence Against Women Act of 24 1994 (34 U.S.C. 12291(a)); and 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1293 IS ‘‘(2) includes— 1 ‘‘(A) dating violence and stalking, as such 2 terms are defined in such section 40002(a); and 3 ‘‘(B) threatened domestic violence. 4 ‘‘(q) ‘Sexual assault’— 5 ‘‘(1) has the meaning given the term in section 6 40002(a) of the Violence Against Women Act of 7 1994 (34 U.S.C. 12291(a)); and 8 ‘‘(2) includes threatened sexual assault. 9 ‘‘(r) ‘Severe forms of trafficking in persons’ has the 10 meaning given the term in section 103 of the Trafficking 11 Victims Protection Act of 2000 (22 U.S.C. 7102). 12 ‘‘(s) ‘Coercion’ has the meaning given the term in sec- 13 tion 103 of the Trafficking Victims Protection Act of 2000 14 (22 U.S.C. 7102). 15 ‘‘(t) ‘Survivor of domestic violence, sexual assault, or 16 severe forms of trafficking in persons’ includes any person 17 who experienced or is perceived to have experienced do- 18 mestic violence, sexual assault, or severe forms of traf- 19 ficking in persons.’’; 20 (2) in section 804 (42 U.S.C. 3604)— 21 (A) in subsection (a), by striking ‘‘or na- 22 tional origin’’ and inserting ‘‘national origin, or 23 whether a person is a survivor of domestic vio- 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1293 IS lence, sexual assault, or severe forms of traf- 1 ficking in persons’’; 2 (B) in subsection (b), by striking ‘‘or na- 3 tional origin’’ and inserting ‘‘national origin, or 4 whether a person is a survivor of domestic vio- 5 lence, sexual assault, or severe forms of traf- 6 ficking in persons’’; 7 (C) in subsection (c), by striking ‘‘or na- 8 tional origin’’ and inserting ‘‘national origin, or 9 whether a person is a survivor of domestic vio- 10 lence, sexual assault, or severe forms of traf- 11 ficking in persons’’; 12 (D) in subsection (d), 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 severe forms of traf- 16 ficking in persons’’; and 17 (E) in subsection (e), by striking ‘‘or na- 18 tional origin’’ and inserting ‘‘national origin, or 19 whether a person is a survivor of domestic vio- 20 lence, sexual assault, or severe forms of traf- 21 ficking in persons’’; 22 (3) in section 805 (42 U.S.C. 3605)— 23 (A) in subsection (a), by striking ‘‘or na- 24 tional origin’’ and inserting ‘‘national origin, or 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1293 IS whether a person is a survivor of domestic vio- 1 lence, sexual assault, or severe forms of traf- 2 ficking in persons’’; and 3 (B) in subsection (c), by striking ‘‘or fa- 4 milial status’’ and inserting ‘‘familial status, or 5 whether a person is a survivor of domestic vio- 6 lence, sexual assault, or severe forms of traf- 7 ficking in persons’’; 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 severe forms of trafficking 12 in persons’’; 13 (5) in section 807 (42 U.S.C. 3607), by adding 14 at the end the following: 15 ‘‘(c) Nothing in this title shall prohibit a Federal, 16 State, unit of local government, or other assistance or 17 preference program from being designed to assist or ben- 18 efit survivors of domestic violence, sexual assault, or se- 19 vere forms of trafficking in persons in seeking, securing, 20 or maintaining dwellings, shelters, or any other form of 21 housing for such survivors, including associated notices, 22 statements, or advertisements of such dwelling.’’; and 23 (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 24 by inserting ‘‘status as a survivor of domestic vio- 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1293 IS lence, sexual assault, or severe forms of trafficking 1 in persons,’’ after ‘‘handicap,’’. 2 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 3 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 4 1301 et seq.) is amended— 5 (1) in section 901 (42 U.S.C. 3631)— 6 (A) in the matter preceding subsection (a), 7 by inserting ‘‘or coercion’’ after ‘‘threat of 8 force’’; 9 (B) in subsection (a), by striking ‘‘or na- 10 tional origin’’ and inserting ‘‘national origin, or 11 because the person is a survivor of domestic vio- 12 lence, sexual assault, or severe forms of traf- 13 ficking in persons’’; 14 (C) in subsection (b)(1), by striking ‘‘or 15 national origin’’ and inserting ‘‘national origin, 16 or because a person is a survivor of domestic vi- 17 olence, sexual assault, or severe forms of traf- 18 ficking in persons’’; and 19 (D) in subsection (c), by striking ‘‘or na- 20 tional origin’’ and inserting ‘‘national origin, or 21 because a person is a survivor of domestic vio- 22 lence, sexual assault, or severe forms of traf- 23 ficking in persons’’; and 24 (2) by inserting after section 901 the following: 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1293 IS ‘‘SEC. 902. DEFINITIONS. 1 ‘‘In this title, the terms ‘domestic violence’, ‘sexual 2 assault’, ‘severe forms of trafficking in persons’, ‘coercion’, 3 and ‘survivor of domestic violence, sexual assault, or se- 4 vere forms of trafficking in persons’ shall have the mean- 5 ing given such terms in section 802.’’. 6 (c) PRESERVATION OF SURVIVORS’ ABILITY TO RE- 7 COVER FOR OTHER FORMS OF DISCRIMINATION.—Noth- 8 ing in this Act, or an amendment made by this Act, shall 9 be interpreted to limit the ability of survivors of domestic 10 violence, sexual assault, or severe forms of trafficking in 11 persons to recover for any other claims of discrimination 12 under the Fair Housing Act (42 U.S.C. 3601 et seq.), in- 13 cluding with respect to failure to conform to gender stereo- 14 types or policies that disproportionately affect women. 15 Æ VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1293.IS S1293 kjohnson on DSK79L0C42PROD with BILLS