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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Housing for Do5 mestic Violence and Sexual Assault Survivors Act of 

6 2019’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

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1 (1) Cities, towns, and rural communities in the 

2 United States continue to face enormous challenges 

3 regarding domestic violence, sexual assault, dating 

4 violence, stalking, and other forms of intimate part5 ner violence. 

6 (2) One in 3 women have experienced rape, 

7 physical violence, or stalking by an intimate partner 

8 in their lifetime. 

9 (3) Approximately 7,000,000 women are raped 

10 or physically assaulted by a current or former inti11 mate partner each year. 

12 (4) Each day, an average of 3 women are killed 

13 by a current or former partner. 

14 (5) Researchers estimate that domestic violence 

15 costs employers up to $13,000,000,000 each year. 

16 (6) A fundamental component of ending domes17 tic and sexual violence is securing safe and afford18 able housing for victims. 

19 (7) 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 vi25 olence at some point in their lives; 

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1 (C) victims become homeless as a result of 

2 sexual assault, and once homeless, are vulner3 able to further sexual victimization and exploi4 tation; 

5 (D) women of color in the lowest income 

6 category experience 6 times the rate of nonfatal 

7 intimate partner violence compared to white 

8 women in the highest income category; 

9 (E) poor women of color, domestic violence 

10 victims, and women with children have a high 

11 risk of eviction; and 

12 (F) approximately 38 percent of all victims 

13 of domestic violence become homeless at some 

14 point in their life. 

15 (8) Surveys show that a majority of victims who 

16 experience a sexual assault in their home do not re17 locate to a safe environment because they do not 

18 have sufficient funds and are not aware of better op19 tions. 

20 (9) Domestic and sexual violence victims often 

21 find themselves trapped in homes where they are 

22 further victimized by caregivers, parents, siblings, 

23 landlords, intimate partners, neighbors, or others in 

24 or near their home. Economic insecurity and the 

25 trauma that often follows sexual assault make it difVerDate Sep 11 2014 20:17 Dec 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5531.IH H5531
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1 ficult, if not impossible, for many victims to access 

2 safe, affordable housing options for themselves and 

3 their families. 

4 (10) Domestic and sexual violence victims con5 tinue to face discrimination in securing and main6 taining housing based on their status as victims and 

7 as a result of crimes committed against them. 

8 (11) Research by the Attorney General of the 

9 State of New York found that 67 percent of domes10 tic violence victims reported that discrimination by 

11 landlords is a significant obstacle in obtaining hous12 ing. 

13 (12) Research also shows that victims of domes14 tic violence or sexual assault are commonly denied 

15 housing opportunities if a previous residence of the 

16 victim was a domestic violence shelter, if the victim 

17 has secured a protective order, or if there is other 

18 evidence that the victim has experienced a previous 

19 domestic violence incident. 

20 (13) Studies show that victims of domestic vio21 lence or sexual assault often face eviction based on 

22 a single domestic violence incident. 

23 (14) It is in the public interest to ensure that 

24 victims of domestic violence, sexual assault, dating 

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1 ner violence are not discriminated against, particu2 larly with respect to housing, based on their status 

3 as victims or the crimes committed against them. 

4 (15) Nothing in this Act should be interpreted 

5 to limit the ability of victims of domestic violence or 

6 sexual assault to recover for claims of discrimination 

7 on the basis of sex or race under the Fair Housing 

8 Act (42 U.S.C. 3601 et seq.), including with respect 

9 to failure to conform to gender stereotypes or poli10 cies that disproportionately affect women. 

11 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 

12 ASSAULT AS PROTECTED CLASS UNDER THE 

13 FAIR HOUSING ACT. 

14 (a) IN GENERAL.—The Fair Housing Act (42 U.S.C. 

15 3601 et seq.) is amended— 

16 (1) in section 802 (42 U.S.C. 3602), by adding 

17 at the end the following: 

18 ‘‘(p) ‘Domestic violence’— 

19 ‘‘(1) has the meaning given the term in section 

20 40002(a) of the Violence Against Women Act of 

21 1994 (34 U.S.C. 12291(a)); and 

22 ‘‘(2) includes— 

23 ‘‘(A) dating violence and stalking, as de24 fined in such section 40002(a); and 

25 ‘‘(B) threatened domestic violence. 

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1 ‘‘(q) ‘Sexual assault’— 

2 ‘‘(1) has the meaning given the term in section 

3 40002(a) of the Violence Against Women Act of 

4 1994 (34 U.S.C. 12291(a)); and 

5 ‘‘(2) includes threatened sexual assault.’’; 

6 (2) in section 804 (42 U.S.C. 3604)— 

7 (A) in subsection (a), by inserting ‘‘, or be8 cause the person is a survivor of domestic vio9 lence or sexual assault’’ before the period at the 

10 end; 

11 (B) in subsection (b), by inserting, ‘‘, or 

12 because the person is a survivor of domestic vio13 lence or sexual assault’’ before the period at the 

14 end; 

15 (C) in subsection (c), by striking ‘‘or na16 tional origin’’ and inserting, ‘‘national origin, or 

17 whether a person is a survivor of domestic vio18 lence or sexual assault’’; 

19 (D) in subsection (d), by inserting ‘‘, or 

20 because the person is a survivor of domestic vio21 lence or sexual assault,’’ after ‘‘national origin’’; 

22 and 

23 (E) in subsection (e), by inserting ‘‘, or of 

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1 tic violence or sexual assault’’ before the period 

2 at the end; 

3 (3) in section 805 (42 U.S.C. 3605)— 

4 (A) in subsection (a), by inserting ‘‘, or be5 cause the person is a survivor of domestic vio6 lence or sexual assault’’ before the period at the 

7 end; and 

8 (B) in subsection (c), by striking ‘‘or fa9 milial status’’ and inserting ‘‘familial status, or 

10 whether a person is a survivor of domestic vio11 lence or sexual assault’’; 

12 (4) in section 806 (42 U.S.C. 3606), by striking 

13 ‘‘or national origin’’ and inserting ‘‘national origin, 

14 or whether a person is a survivor of domestic vio15 lence or sexual assault’’; 

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 Federal, 

19 State, or local governmental or other assistance or a pref20 erence program designed to assist or benefit domestic vio21 lence or sexual assault survivors in seeking, securing, or 

22 maintaining dwellings, shelters, or any other form of hous23 ing, including associated notices, statements, or advertise24 ments.’’; and 

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1 (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), 

2 by inserting ‘‘status as a survivor of domestic vio3 lence or sexual assault,’’ after ‘‘handicap,’’. 

4 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS5 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 

6 1301 et seq.) is amended— 

7 (1) in section 901 (42 U.S.C. 3631)— 

8 (A) in subsection (a), by inserting ‘‘, or be9 cause the person is a survivor of domestic vio10 lence or sexual assault,’’ after ‘‘national origin’’; 

11 (B) in subsection (b)(1), by inserting ‘‘or 

12 because the person is a survivor of domestic vio13 lence or sexual assault,’’ after ‘‘national ori14 gin,’’; and 

15 (C) in subsection (c), by inserting ‘‘or be16 cause the person is a survivor of domestic vio17 lence or sexual assault,’’ after ‘‘national ori18 gin,’’; and 

19 (2) by inserting after section 901 the following: 

20 ‘‘DEFINITIONS

21 ‘‘SEC. 902. In this title, the terms ‘domestic violence’ 

22 and ‘sexual assault’ have the meanings given those terms 

23 in section 802.’’. 

Æ