II 

115TH CONGRESS 

1ST SESSION S. 858 

To provide protection for survivors of domestic violence or sexual assault 

under the Fair Housing Act. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5 (legislative day, APRIL 4), 2017 

Mrs. SHAHEEN (for herself, Mr. FRANKEN, Ms. STABENOW, and Ms. KLOBUCHAR) 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 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 2017’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

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

10 United States continue to face enormous challenges 


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1 regarding domestic violence, sexual assault, dating 

2 violence, stalking, and other forms of intimate part3 ner violence. 

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

5 physical violence, or stalking by an intimate partner 

6 in their lifetime. 

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

8 or physically assaulted by a current or former inti9 mate partner each year. 

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

11 by a current or former partner. 

12 (5) Researchers estimate that domestic violence 

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

14 (6) A fundamental component of ending domes15 tic and sexual violence is securing safe and afford16 able housing for victims. 

17 (7) Research indicates that— 

18 (A) nearly 50 percent of all homeless 

19 women report that domestic violence was the 

20 immediate cause of their homelessness; 

21 (B) 92 percent of homeless women report 

22 having experienced severe physical or sexual vi23 olence at some point in their lives; and 

24 (C) victims become homeless as a result of 

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1 able to further sexual victimization and exploi2 tation. 

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

4 experience a sexual assault in their home do not re5 locate to a safe environment because they do not 

6 have sufficient funds and are not aware of better op7 tions. 

8 (9) Domestic and sexual violence victims often 

9 find themselves trapped in homes where they are 

10 further victimized by caregivers, parents, siblings, 

11 landlords, intimate partners, neighbors, or others in 

12 or near their home. Economic insecurity and the 

13 trauma that often follows sexual assault make it dif14 ficult, if not impossible, for many victims to access 

15 safe, affordable housing options for themselves and 

16 their families. 

17 (10) Domestic and sexual violence victims con18 tinue to face discrimination in securing and main19 taining housing based on their status as victims and 

20 as a result of crimes committed against them. 

21 (11) Research by the Attorney General of the 

22 State of New York found that 67 percent of domes23 tic violence victims reported that discrimination by 

24 landlords is a significant obstacle in obtaining hous25 ing. 


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1 (12) Research also shows that victims of domes2 tic violence or sexual assault are commonly denied 

3 housing opportunities if a previous residence of the 

4 victim was a domestic violence shelter, if the victim 

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

6 evidence that the victim has experienced a previous 

7 domestic violence incident. 

8 (13) Studies show that victims of domestic vio9 lence or sexual assault often face eviction based on 

10 a single domestic violence incident. 

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

12 victims of domestic violence, sexual assault, dating 

13 violence, stalking, and other forms of intimate part14 ner violence are not discriminated against, particu15 larly with respect to housing, based on their status 

16 as victims or the crimes committed against them. 

17 (15) Nothing in this Act should be interpreted 

18 to limit the ability of victims of domestic violence or 

19 sexual assault to recover for claims of discrimination 

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

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

22 to failure to conform to gender stereotypes or poli23 cies that disproportionately affect women. 


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1 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 

2 ASSAULT AS PROTECTED CLASS UNDER THE 

3 FAIR HOUSING ACT. 

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

5 3601 et seq.) is amended— 

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

7 at the end the following: 

8 ‘‘(p) ‘Domestic violence’— 

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

10 40002(a) of the Violence Against Women Act of 

11 1994 (42 U.S.C. 13925(a)); and 

12 ‘‘(2) includes— 

13 ‘‘(A) dating violence and stalking, as de14 fined in such section 40002(a); and 

15 ‘‘(B) threatened domestic violence. 

16 ‘‘(q) ‘Sexual assault’— 

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

18 40002(a) of the Violence Against Women Act of 

19 1994 (42 U.S.C. 13925(a)); and 

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

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

22 (A) in subsection (a), by inserting ‘‘, or be23 cause the person is a survivor of domestic vio24 lence or sexual assault’’ before the period at the 

25 end; 


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

2 because the person is a survivor of domestic vio3 lence or sexual assault’’ before the period at the 

4 end; 

5 (C) in subsection (c), by striking ‘‘or na6 tional origin’’ and inserting, ‘‘national origin, or 

7 whether a person is a survivor of domestic vio8 lence or sexual assault’’; 

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

10 because the person is a survivor of domestic vio11 lence or sexual assault,’’ after ‘‘national origin’’; 

12 and 

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

14 a person or persons who are survivors of domes15 tic violence or sexual assault’’ before the period 

16 at the end; 

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

18 (A) in subsection (a), by inserting ‘‘, or be19 cause the person is a survivor of domestic vio20 lence or sexual assault’’ before the period at the 

21 end; and 

22 (B) in subsection (c), by striking ‘‘or fa23 milial status’’ and inserting ‘‘familial status, or 

24 whether a person is a survivor of domestic vio25 lence or sexual assault’’; 


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

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

3 or whether a person is a survivor of domestic vio4 lence or sexual assault’’; 

5 (5) in section 807 (42 U.S.C. 3607), by adding 

6 at the end the following: 

7 ‘‘(c) Nothing in this title shall prohibit Federal, 

8 State, or local governmental or other assistance or a pref9 erence program designed to assist or benefit domestic vio10 lence or sexual assault survivors in seeking, securing, or 

11 maintaining dwellings, shelters, or any other form of hous12 ing, including associated notices, statements, or advertise13 ments.’’; and 

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

15 by inserting ‘‘status as a survivor of domestic vio16 lence or sexual assault,’’ after ‘‘handicap,’’. 

17 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS18 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 

19 1301 et seq.) is amended— 

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

21 (A) in subsection (a), by inserting ‘‘, or be22 cause the person is a survivor of domestic vio23 lence or sexual assault,’’ after ‘‘national origin’’; 

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

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1 lence or sexual assault,’’ after ‘‘national ori2 gin,’’; and 

3 (C) in subsection (c), by inserting ‘‘or be4 cause the person is a survivor of domestic vio5 lence or sexual assault,’’ after ‘‘national ori6 gin,’’; and 

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

8 ‘‘DEFINITIONS

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

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

11 in section 802.’’. 

Æ 


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