I 118TH CONGRESS 1ST SESSION H. R. 2918 To provide protection for survivors of domestic violence, sexual violence, and sex trafficking under the Fair Housing Act. IN THE HOUSE OF REPRESENTATIVES APRIL 26, 2023 Ms. WASSERMAN SCHULTZ (for herself, Ms. MALLIOTAKIS, Ms. BARRAGA´N, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BOW- MAN, Ms. BUSH, Mr. DAVIS of Illinois, Ms. LOIS FRANKEL of Florida, Mr. GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. IVEY, Mr. KHANNA, Ms. KUSTER, Ms. LEE of California, Mr. LIEU, Mrs. MCCLEL- LAN, Ms. MOORE of Wisconsin, Mr. MULLIN, Mrs. NAPOLITANO, Mr. NICKEL, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. PORTER, Ms. ROSS, Ms. SEWELL, Ms. STANSBURY, Mr. TAKANO, Mr. THOMPSON of Mississippi, Ms. TITUS, Ms. TLAIB, Mr. TORRES of New York, Mrs. WATSON COLE- MAN, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, Mr. SOTO, and Ms. JAYAPAL) introduced the following bill; which was referred to the Committee on the Judiciary 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 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2918 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 three women and one in ten men in 8 the United States have experienced rape, physical vi- 9 olence, or stalking by an intimate partner in their 10 lifetime. 11 (3) Intimate partner violence alone affects more 12 than 12,000,000 people in the United States every 13 year. 14 (4) Approximately 7,000,000 women are raped 15 or physically assaulted by a current or former inti- 16 mate partner each year. 17 (5) Among women experiencing sex trafficking, 18 many of their traffickers are also their intimate 19 partners. 20 (6) Each day, an average of three women are 21 killed by a current or former partner. 22 (7) Researchers estimate that domestic violence 23 costs employers up to $13,000,000,000 each year. 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2918 IH (8) A fundamental component of ending domes- 1 tic and sexual violence is securing safe and afford- 2 able housing for survivors. 3 (9) Research indicates that: 4 (A) As many as fifty-seven percent of 5 homeless women report that domestic violence 6 was the immediate cause of their homelessness. 7 (B) Ninety-two percent of homeless women 8 report having experienced severe physical or 9 sexual violence at some point in their lives, in- 10 cluding sexual exploitation and trafficking. 11 (C) Eighty-four percent of survivors in do- 12 mestic violence shelters reported that they need- 13 ed help finding affordable housing. The Na- 14 tional Network to End Domestic Violence’s DV 15 Counts Report finds that the majority of sur- 16 vivors’ unmet needs are related to housing and 17 shelter. In another nationwide study, more than 18 half of the victims who identified a need for 19 housing services did not receive them. 20 (D) Survivors who become homeless as a 21 result of sexual assault are vulnerable to fur- 22 ther sexual victimization and exploitation in- 23 cluding sex trafficking. 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2918 IH (E) Women of color in the lowest income 1 category experience six times the rate of 2 nonfatal intimate partner violence compared to 3 white women in the highest income category. 4 (F) Poor women of color, domestic violence 5 survivors, and women with children are among 6 those at the highest risk of eviction. 7 (G) Housing insecurity can exacerbate sur- 8 vivors’ vulnerability. Women and men who expe- 9 rienced food or housing insecurity in a 12- 10 month period had a significantly higher preva- 11 lence of rape, physical violence, or stalking by 12 an intimate partner in that same time period, 13 as compared to those who did not experience 14 food or housing insecurity. 15 (H) Vulnerable women are also at risk of 16 sex trafficking and exploitation by landlords 17 who pressure them for sex in exchange for rent 18 or a delay in rent payments. 19 (I) Approximately thirty-eight percent of 20 all survivors of domestic violence become home- 21 less at some point in their life. 22 (10) Surveys show that a majority of survivors 23 who experience a sexual assault in their home do not 24 relocate to a safe environment because they do not 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2918 IH have sufficient funds and are not aware of better op- 1 tions. 2 (11) Domestic and sexual violence survivors 3 often find themselves trapped in homes where they 4 are further victimized by caregivers, parents, sib- 5 lings, landlords, intimate partners, neighbors, or oth- 6 ers in or near their home. Economic insecurity and 7 the trauma that often follows sexual violence make 8 it difficult, if not impossible, for many survivors to 9 access safe, affordable housing options for them- 10 selves and their families. 11 (12) Domestic and sexual violence survivors 12 continue to face discrimination in securing and 13 maintaining housing based on their status as sur- 14 vivors and as a result of crimes committed against 15 them. 16 (13) Research by the Attorney General of the 17 State of New York found that sixty-seven percent of 18 domestic violence survivors reported that discrimina- 19 tion by landlords is a significant obstacle in obtain- 20 ing housing. 21 (14) Research also shows that survivors of do- 22 mestic violence or sexual assault are commonly de- 23 nied housing opportunities if a previous residence of 24 the survivor was a domestic violence shelter, if the 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2918 IH survivor has secured a protective order, or if there 1 is other evidence that the survivor has experienced 2 a previous domestic violence incident. 3 (15) Studies show that survivors of domestic vi- 4 olence or sexual assault often face eviction based on 5 a single domestic violence incident. 6 (16) Survivors of sex trafficking face additional 7 challenges in obtaining and maintaining housing due 8 to criminal records incurred as a direct result of 9 their exploitation. 10 (17) It is in the public interest to ensure that 11 survivors of domestic violence, sexual assault, sex 12 trafficking, dating violence, stalking, and other 13 forms of intimate partner and gender-based violence 14 are not discriminated against, particularly with re- 15 spect to housing, based on their status as victims of 16 the crimes committed against them. 17 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 18 ASSAULT AS PROTECTED CLASS UNDER THE 19 FAIR HOUSING ACT. 20 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 21 3601 et seq.) is amended— 22 (1) in section 802 (42 U.S.C. 3602), by adding 23 at the end the following: 24 ‘‘(p) ‘Domestic violence’— 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2918 IH ‘‘(1) has the meaning given the term in section 1 40002(a) of the Violence Against Women Act of 2 1994 (34 U.S.C. 12291(a)); and 3 ‘‘(2) includes— 4 ‘‘(A) dating violence and stalking, as such 5 terms are defined in such section 40002(a); and 6 ‘‘(B) threatened domestic violence. 7 ‘‘(q) ‘Sexual assault’— 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 threatened sexual assault. 12 ‘‘(r) ‘Severe forms of trafficking in persons’ has the 13 meaning given the term in section 103 of the Trafficking 14 Victims Protection Act of 2000 (22 U.S.C. 7102). 15 ‘‘(s) ‘Coercion’ has the meaning given the term in sec- 16 tion 103 of the Trafficking Victims Protection Act of 2000 17 (22 U.S.C. 7102). 18 ‘‘(t) ‘Survivor of domestic violence, sexual assault, or 19 severe forms of trafficking in persons’ includes any person 20 who experienced or is perceived to have experienced do- 21 mestic violence, sexual assault, or severe forms of traf- 22 ficking in persons.’’.’’; 23 (2) in section 804 (42 U.S.C. 3604)— 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2918 IH (A) in subsection (a), by striking ‘‘or na- 1 tional origin’’ and inserting ‘‘national origin, or 2 whether a person is a survivor of domestic vio- 3 lence, sexual assault, or severe forms of traf- 4 ficking in persons’’; 5 (B) in subsection (b), by striking ‘‘or na- 6 tional origin’’ and inserting ‘‘national origin, or 7 whether a person is a survivor of domestic vio- 8 lence, sexual assault, or severe forms of traf- 9 ficking in persons’’; 10 (C) in subsection (c), by striking ‘‘or na- 11 tional origin’’ and inserting ‘‘national origin, or 12 whether a person is a survivor of domestic vio- 13 lence, sexual assault, or severe forms of traf- 14 ficking in persons’’; 15 (D) in subsection (d), by striking ‘‘or na- 16 tional origin’’ and inserting ‘‘national origin, or 17 whether a person is a survivor of domestic vio- 18 lence, sexual assault, or severe forms of traf- 19 ficking in persons’’; and 20 (E) in subsection (e), by striking ‘‘or na- 21 tional origin’’ and inserting ‘‘national origin, or 22 whether a person is a survivor of domestic vio- 23 lence, sexual assault, or severe forms of traf- 24 ficking in persons’’; 25 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2918 IH (3) in section 805 (42 U.S.C. 3605)— 1 (A) in subsection (a), by striking ‘‘or na- 2 tional origin’’ and inserting ‘‘national origin, or 3 whether a person is a survivor of domestic vio- 4 lence, sexual assault, or severe forms of traf- 5 ficking in persons’’; and 6 (B) in subsection (c), by striking ‘‘or fa- 7 milial status’’ and inserting ‘‘familial status, or 8 whether a person is a survivor of domestic vio- 9 lence, sexual assault, or severe forms of traf- 10 ficking in persons’’; 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, sexual assault, or severe forms of trafficking 15 in persons’’; 16 (5) in section 807 (42 U.S.C. 3607), by adding 17 at the end the following: 18 ‘‘(c) Nothing in this title shall prohibit a Federal, 19 State, unit of local government, or other assistance or 20 preference program from being designed to assist or ben- 21 efit survivors of domestic violence, sexual assault, or se- 22 vere forms of trafficking in persons in seeking, securing, 23 or maintaining dwellings, shelters, or any other form of 24 VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2918 IH housing for such survivors, including associated notices, 1 statements, or advertisements of such dwelling.’’; and 2 (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 3 by inserting ‘‘status as a survivor of domestic vio- 4 lence, sexual assault, or severe forms of trafficking 5 in persons,’’ after ‘‘handicap,’’. 6 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS- 7 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 8 1301 et seq.) is amended— 9 (1) in section 901 (42 U.S.C. 3631)— 10 (A) in the paragraph preceding subsection 11 (a), by inserting ‘‘or coercion’’ after ‘‘threat of 12 force’’; 13 (B) in subsection (a), by striking ‘‘or na- 14 tional origin’’ and inserting ‘‘national origin, or 15 because the person is a survivor of domestic vio- 16 lence, sexual assault, or severe forms of traf- 17 ficking in persons’’; 18 (C) in subsection (b)(1), by striking ‘‘or 19 national origin’’ and inserting ‘‘national origin, 20 or because a person is a survivor of domestic vi- 21 olence, sexual assault, or severe forms of traf- 22 ficking in persons’’; and 23 (D) in subsection (c), 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 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2918 IH because a person is a survivor of domestic vio- 1 lence, sexual assault, or severe forms of traf- 2 ficking in persons’’; and 3 (2) by inserting after section 901 the following: 4 ‘‘SEC. 902. DEFINITIONS. 5 ‘‘In this title, the terms ‘domestic violence’, ‘sexual 6 assault’, ‘severe forms of trafficking in persons’, ‘coercion’, 7 and ‘survivor of domestic violence, sexual assault, or se- 8 vere forms of trafficking in persons’ shall have the mean- 9 ing given such terms in section 802.’’. 10 (c) PRESERVATION OF SURVIVORS’ ABILITY TO RE- 11 COVER FOR OTHER FORMS OF DISCRIMINATION.—Noth- 12 ing in this Act, or an amendment made by this Act, shall 13 be interpreted to limit the ability of survivors of domestic 14 violence, sexual assault, or severe forms of trafficking in 15 persons to recover for any other claims of discrimination 16 under the Fair Housing Act (42 U.S.C. 3601 et seq.), in- 17 cluding with respect to failure to conform to gender stereo- 18 types or policies that disproportionately affect women. 19 Æ VerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2918.IH H2918 kjohnson on DSK79L0C42PROD with BILLS