II 

115TH CONGRESS 

1ST SESSION S. 1328 

To extend the protections of the Fair Housing Act to persons suffering 

discrimination on the basis of sexual orientation or gender identity, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2017 

Mr. KAINE (for himself, Mr. VAN HOLLEN, Ms. BALDWIN, Ms. WARREN, Ms. 

HASSAN, Mr. LEAHY, Mrs. GILLIBRAND, Mr. WYDEN, Mr. MARKEY, Mr. 

FRANKEN, Mr. MERKLEY, Mr. BOOKER, Mr. BLUMENTHAL, Ms. CORTEZ

MASTO, and Mr. BROWN) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To extend the protections of the Fair Housing Act to persons 

suffering discrimination on the basis of sexual orientation 

or gender identity, and for other purposes. 

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 and Equal Hous5 ing Act of 2017’’. 

6 SEC. 2. HOUSING. 

7 (a) FAIR HOUSING ACT.—The Fair Housing Act (42 

8 U.S.C. 3601 et seq.) is amended— 


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•S 1328 IS

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

2 at the end the following: 

3 ‘‘(p) ‘Race’, ‘color’, ‘religion’, ‘sex’, ‘sexual orienta4 tion’, ‘gender identity’, ‘handicap’, ‘familial status’, or ‘na5 tional origin’, used with respect to an individual, in6 cludes— 

7 ‘‘(1) the race, color, religion, sex, sexual ori8 entation, gender identity, handicap, familial status, 

9 or national origin, respectively, of another person 

10 with whom the individual is associated or has been 

11 associated; and 

12 ‘‘(2) a perception or belief, even if inaccurate, 

13 concerning the race, color, religion, sex, sexual ori14 entation, gender identity, handicap, familial status, 

15 or national origin, respectively, of the individual. 

16 ‘‘(q) ‘Gender identity’ means the gender-related iden17 tity, appearance, or mannerisms or other gender-related 

18 characteristics of an individual, without regard to the indi19 vidual’s designated sex at birth. 

20 ‘‘(r) ‘Sexual orientation’ means homosexuality, het21 erosexuality, or bisexuality.’’; 

22 (2) in section 804 (42 U.S.C. 3604), by insert23 ing ‘‘sexual orientation, gender identity,’’ after 

24 ‘‘sex,’’ each place that term appears; 


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1 (3) in section 805 (42 U.S.C. 3605), by insert2 ing ‘‘sexual orientation, gender identity,’’ after 

3 ‘‘sex,’’ each place that term appears; 

4 (4) in section 806 (42 U.S.C. 3606), by insert5 ing ‘‘sexual orientation, gender identity,’’ after 

6 ‘‘sex,’’; and 

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

8 by inserting ‘‘sexual orientation, gender identity,’’ 

9 after ‘‘sex,’’. 

10 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS11 ING CASES.—Section 901 of the Civil Rights Act of 1968 

12 (42 U.S.C. 3631) is amended by inserting ‘‘sexual orienta13 tion (as such term is defined in section 802 of this Act), 

14 gender identity (as such term is defined in section 802 

15 of this Act),’’ after ‘‘sex,’’ each place that term appears. 

Æ 


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