II 

112TH CONGRESS 

1ST SESSION S. 1605 

To amend the Fair Housing Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

Mr. KERRY (for himself, Mrs. GILLIBRAND, Mr. HARKIN, Mr. INOUYE, Mr. 

MERKLEY, Mrs. MURRAY, Mr. WHITEHOUSE, and Mr. COONS) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To amend the Fair Housing Act, 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 ‘‘Housing Opportunities 

5 Made Equal Act of 2011’’ or the ‘‘HOME Act of 2011’’. 

6 SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT 

7 CERTAIN DISCRIMINATION. 

8 (a) IN GENERAL.— 

9 (1) Section 804 of the Fair Housing Act (42 

10 U.S.C. 3604) is amended— 


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1 (A) by inserting ‘‘actual or perceived’’ be2 fore ‘‘race, color’’ each place that term appears; 

3 and 

4 (B) by inserting ‘‘sexual orientation, gen5 der identity, marital status, source of income,’’ 

6 after ‘‘sex,’’ each place that term appears. 

7 (2) Section 805 of the Fair Housing Act (42 

8 U.S.C. 3605) is amended— 

9 (A) by inserting ‘‘actual or perceived’’ be10 fore ‘‘race, color’’ each place that term appears; 

11 and 

12 (B) by inserting ‘‘sexual orientation, gen13 der identity, marital status, source of income,’’ 

14 after ‘‘sex,’’ each place that term appears. 

15 (3) Section 806 of the Fair Housing Act (42 

16 U.S.C. 3606) is amended— 

17 (A) by inserting ‘‘actual or perceived’’ be18 fore ‘‘race, color’’; and 

19 (B) by inserting ‘‘sexual orientation, gen20 der identity, marital status, source of income,’’ 

21 after ‘‘sex,’’. 

22 (b) PREVENTION OF INTIMIDATION.—Section 901 of 

23 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amend24 ed— 


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1 (1) by inserting ‘‘actual or perceived’’ before 

2 ‘‘race, color’’ each place that term appears; and 

3 (2) by inserting ‘‘sexual orientation (as defined 

4 in section 802), gender identity (as so defined), mar5 ital status (as so defined), source of income (as so 

6 defined)’’ after ‘‘sex,’’ each place that term appears. 

7 (c) DEFINITIONS.—Section 802 of the Fair Housing 

8 Act (42 U.S.C. 3602) is amended by adding at the end 

9 the following: 

10 ‘‘(p) ‘Gender identity’ means the gender-related iden11 tity, appearance, or mannerisms or other gender-related 

12 characteristics of an individual, with or without regard to 

13 the individual’s designated sex at birth. 

14 ‘‘(q) ‘Marital status’ has the same meaning given that 

15 term for purposes of the Equal Credit Opportunity Act. 

16 ‘‘(r) ‘Sexual orientation’ means homosexuality, het17 erosexuality, or bisexuality. 

18 ‘‘(s) ‘Source of income’ means the receipt of Federal, 

19 State, or local public assistance including medical assist20 ance, or the receipt by a tenant or applicant of Federal, 

21 State, or local housing subsidies, including rental assist22 ance under section 8 of the United States Housing Act 

23 of 1937 (42 U.S.C. 1437f) or other rental assistance or 

24 rental supplements.’’. 


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1 SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND 

2 THE DEFINITION OF DISCRIMINATORY HOUS3 ING PRACTICE. 

4 Section 802(f) of the Fair Housing Act (42 U.S.C. 

5 3602(f)) is amended to read as follows: 

6 ‘‘(f) ‘Discriminatory housing practice’ means an act 

7 that is unlawful under section 804, 805, 806, or 818 of 

8 this title, whether occurring pre- or post-acquisition, and 

9 also includes a failure to comply with section 808(e)(5) 

10 of this title or a regulation issued to carry out section 

11 808(e)(5).’’. 

12 SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF 

13 ‘‘FAMILIAL STATUS’’. 

14 Section 802(k) of the Fair Housing Act (42 U.S.C. 

15 3602(k)) is amended to read as follows: 

16 ‘‘(k) ‘Familial status’ means one or more individuals 

17 (who have not attained the age of 18 years) residing 

18 with— 

19 ‘‘(1) a parent, foster parent, or another person 

20 having legal or lawful physical custody of such indi21 vidual or individuals; or 

22 ‘‘(2) anyone standing in loco parentis of such 

23 individual or individuals. 

24 The protections afforded against discrimination on the 

25 basis of familial status apply to any person who is pregVerDate Mar 15 2010 21:21 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1605.IS S1605

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1 nant or in the process of securing legal custody of an indi2 vidual who has not attained the age of 18 years.’’. 

3 SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE 

4 EQUAL CREDIT OPPORTUNITY ACT TO PRO5 VIDE THE DEPARTMENT OF JUSTICE WITH 

6 PRE-LITIGATION SUBPOENA POWER. 

7 (a) EQUAL CREDIT OPPORTUNITY ACT.—Section 

8 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 

9 1691e(h)) is amended— 

10 (1) by striking ‘‘When a’’ and inserting the fol11 lowing: 

12 ‘‘(1) IN GENERAL.—When a’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) PRE-LITIGATION SUBPOENA POWER.—If the 

15 Attorney General has reason to believe that any person 

16 may be in possession, custody, or control of any documen17 tary material or information relevant to an investigation 

18 under this title, the Attorney General may, before com19 mencing a civil action under paragraph (1), issue in writ20 ing and cause to be served upon the person, a civil inves21 tigative demand. The authority to issue and enforce civil 

22 investigative demands under this paragraph shall be iden23 tical to the authority of the Attorney General under sec24 tion 3733 of title 31, United States Code, except that the 


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1 provisions of that section relating to qui tam relators shall 

2 not apply.’’. 

3 (b) FAIR HOUSING ACT.—Section 814(c) of the Fair 

4 Housing Act (42 U.S.C. 3614(c)) is amended— 

5 (1) by striking ‘‘The Attorney General’’ and in6 serting the following: 

7 ‘‘(1) IN GENERAL.—The Attorney General’’; 

8 and 

9 (2) by adding at the end the following: 

10 ‘‘(2) CIVIL INVESTIGATIVE DEMANDS.—If the 

11 Attorney General has reason to believe that any per12 son may be in possession, custody, or control of any 

13 documentary material or information relevant to an 

14 investigation under this title, the Attorney General 

15 may, before commencing a civil proceeding under 

16 this subsection, issue in writing and cause to be 

17 served upon the person, a civil investigative demand. 

18 The authority to issue and enforce civil investigative 

19 demands under this paragraph shall be identical to 

20 the authority of the Attorney General under section 

21 3733 of title 31, United States Code, except that the 

22 provisions of that section relating to qui tam relators 

23 shall not apply.’’. 


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1 SEC. 6. FREEDOM FROM DISCRIMINATION IN CREDIT. 

2 (a) PROHIBITION AGAINST DISCRIMINATION ON AC3 COUNT OF SEXUAL ORIENTATION OR GENDER IDEN4 TITY.—Section 701(a)(1) of the Equal Credit Opportunity 

5 Act (15 U.S.C. 1691(a)(1)) is amended— 

6 (1) by inserting ‘‘actual or perceived’’ before 

7 ‘‘race, color’’; and 

8 (2) by striking ‘‘sex or’’ and inserting ‘‘sex, sex9 ual orientation, gender identity,’’. 

10 (b) DEFINITIONS.—Section 702 of the Equal Credit 

11 Opportunity Act (15 U.S.C. 1691a) is amended— 

12 (1) by redesignating subsections (f) and (g) as 

13 subsections (g) and (i), respectively; 

14 (2) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) The term ‘gender identity’ means the gender-re17 lated identity, appearance, or mannerisms or other gen18 der-related characteristics of an individual, with or with19 out regard to the individual’s designated sex at birth.’’; 

20 and 

21 (3) by inserting after subsection (g), as so re22 designated, the following: 

23 ‘‘(h) The term ‘sexual orientation’ means homosex24 uality, heterosexuality, or bisexuality.’’. 


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1 SEC. 7. AMENDING THE FAIR HOUSING ACT SO THAT DIS2 CRIMINATION IN REAL ESTATE-RELATED 

3 TRANSACTIONS INCLUDES THE FAILURE TO 

4 MAKE REASONABLE ACCOMMODATIONS FOR 

5 PEOPLE WITH DISABILITIES. 

6 Section 805(a) of the Fair Housing Act (42 U.S.C. 

7 3605(a)) is amended by adding at the end the following; 

8 ‘‘For the purposes of this section, discrimination against 

9 a person because of handicap includes the failure, in con10 nection with a real estate-related transaction, to make rea11 sonable accommodations for such person.’’. 

12 SEC. 8. AMENDING THE FAIR HOUSING ACT TO CHANGE 

13 CERTAIN LIMITATIONS ON FILING COM14 PLAINTS AND COMMENCING CIVIL ACTIONS. 

15 (a) SECTION 810.—Section 810(a)(1)(A)(i) of the 

16 Fair Housing Act (42 U.S.C. 3610(a)(1)(A)(i)) is amend17 ed by inserting after the first sentence the following: ‘‘The 

18 failure to design and construct a dwelling as required by 

19 section 804(f)(3)(C) shall be deemed to continue until 

20 such time as the dwelling conforms to the requirements 

21 of that section.’’. 

22 (b) SECTION 813.—Section 813(a)(1)(A) of the Fair 

23 Housing Act (42 U.S.C. 3613(a)(1)(A)) is amended by 

24 adding at the end the following: ‘‘The failure to design 

25 and construct a dwelling as required by section 

26 804(f)(3)(C) shall be deemed to continue until such time 


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1 as the dwelling conforms to the requirements of that sec2 tion.’’. 

Æ 


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