II 

118TH CONGRESS 

1ST SESSION S. 1293 

To provide protection for survivors of domestic violence, sexual violence, 

and sex trafficking under the Fair Housing Act. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2023 

Mrs. SHAHEEN 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, sexual violence, and sex trafficking 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 Sur5 vivors Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 United States continue to face enormous challenges 

10 regarding domestic violence, sexual assault, sex trafVerDate Sep 11 2014 23:16 May 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293

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1 ficking, dating violence, stalking, and other forms of 

2 intimate partner and gender-based violence. 

3 (2) One in three women and one in ten men in 

4 the United States have experienced rape, physical vi5 olence, or stalking by an intimate partner in their 

6 lifetime. 

7 (3) Intimate partner violence alone affects more 

8 than 12,000,000 people in the United States every 

9 year. 

10 (4) Approximately 7,000,000 women are raped 

11 or physically assaulted by a current or former inti12 mate partner each year. 

13 (5) Among women experiencing sex trafficking, 

14 many of their traffickers are also their intimate 

15 partners. 

16 (6) Each day, an average of three women are 

17 killed by a current or former partner. 

18 (7) Researchers estimate that domestic violence 

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

20 (8) A fundamental component of ending domes21 tic and sexual violence is securing safe and afford22 able housing for survivors. 

23 (9) Research indicates that: 


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1 (A) As many as fifty-seven percent of 

2 homeless women report that domestic violence 

3 was the immediate cause of their homelessness. 

4 (B) Ninety-two percent of homeless women 

5 report having experienced severe physical or 

6 sexual violence at some point in their lives, in7 cluding sexual exploitation and trafficking. 

8 (C) Eighty-four percent of survivors in do9 mestic violence shelters reported that they need10 ed help finding affordable housing. The Na11 tional Network to End Domestic Violence’s DV 

12 Counts Report finds that the majority of sur13 vivors’ unmet needs are related to housing and 

14 shelter. In another nationwide study, more than 

15 half of the victims who identified a need for 

16 housing services did not receive them. 

17 (D) Survivors who become homeless as a 

18 result of sexual assault are vulnerable to fur19 ther sexual victimization and exploitation in20 cluding sex trafficking. 

21 (E) Women of color in the lowest income 

22 category experience six times the rate of 

23 nonfatal intimate partner violence compared to 

24 white women in the highest income category. 


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1 (F) Poor women of color, domestic violence 

2 survivors, and women with children are among 

3 those at the highest risk of eviction. 

4 (G) Housing insecurity can exacerbate sur5 vivors’ vulnerability. Women and men who expe6 rienced food or housing insecurity in a 12- 

7 month period had a significantly higher preva8 lence of rape, physical violence, or stalking by 

9 an intimate partner in that same time period, 

10 as compared to those who did not experience 

11 food or housing insecurity. 

12 (H) Vulnerable women are also at risk of 

13 sex trafficking and exploitation by landlords 

14 who pressure them for sex in exchange for rent 

15 or a delay in rent payments. 

16 (I) Approximately thirty-eight percent of 

17 all survivors of domestic violence become home18 less at some point in their life. 

19 (10) Surveys show that a majority of survivors 

20 who experience a sexual assault in their home do not 

21 relocate to a safe environment because they do not 

22 have sufficient funds and are not aware of better op23 tions. 

24 (11) Domestic and sexual violence survivors 

25 often find themselves trapped in homes where they 


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1 are further victimized by caregivers, parents, sib2 lings, landlords, intimate partners, neighbors, or oth3 ers in or near their home. Economic insecurity and 

4 the trauma that often follows sexual violence make 

5 it difficult, if not impossible, for many survivors to 

6 access safe, affordable housing options for them7 selves and their families. 

8 (12) Domestic and sexual violence survivors 

9 continue to face discrimination in securing and 

10 maintaining housing based on their status as sur11 vivors and as a result of crimes committed against 

12 them. 

13 (13) Research by the Attorney General of the 

14 State of New York found that sixty-seven percent of 

15 domestic violence survivors reported that discrimina16 tion by landlords is a significant obstacle in obtain17 ing housing. 

18 (14) Research also shows that survivors of do19 mestic violence or sexual assault are commonly de20 nied housing opportunities if a previous residence of 

21 the survivor was a domestic violence shelter, if the 

22 survivor has secured a protective order, or if there 

23 is other evidence that the survivor has experienced 

24 a previous domestic violence incident. 


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1 (15) Studies show that survivors of domestic vi2 olence or sexual assault often face eviction based on 

3 a single domestic violence incident. 

4 (16) Survivors of sex trafficking face additional 

5 challenges in obtaining and maintaining housing due 

6 to criminal records incurred as a direct result of 

7 their exploitation. 

8 (17) It is in the public interest to ensure that 

9 survivors of domestic violence, sexual assault, sex 

10 trafficking, dating violence, stalking, and other 

11 forms of intimate partner and gender-based violence 

12 are not discriminated against, particularly with re13 spect to housing, based on their status as victims of 

14 the crimes committed against them. 

15 SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL 

16 ASSAULT AS PROTECTED CLASS UNDER THE 

17 FAIR HOUSING ACT. 

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

19 3601 et seq.) is amended— 

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

21 at the end the following: 

22 ‘‘(p) ‘Domestic violence’— 

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

24 40002(a) of the Violence Against Women Act of 

25 1994 (34 U.S.C. 12291(a)); and 


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1 ‘‘(2) includes— 

2 ‘‘(A) dating violence and stalking, as such 

3 terms are defined in such section 40002(a); and 

4 ‘‘(B) threatened domestic violence. 

5 ‘‘(q) ‘Sexual assault’— 

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

7 40002(a) of the Violence Against Women Act of 

8 1994 (34 U.S.C. 12291(a)); and 

9 ‘‘(2) includes threatened sexual assault. 

10 ‘‘(r) ‘Severe forms of trafficking in persons’ has the 

11 meaning given the term in section 103 of the Trafficking 

12 Victims Protection Act of 2000 (22 U.S.C. 7102). 

13 ‘‘(s) ‘Coercion’ has the meaning given the term in sec14 tion 103 of the Trafficking Victims Protection Act of 2000 

15 (22 U.S.C. 7102). 

16 ‘‘(t) ‘Survivor of domestic violence, sexual assault, or 

17 severe forms of trafficking in persons’ includes any person 

18 who experienced or is perceived to have experienced do19 mestic violence, sexual assault, or severe forms of traf20 ficking in persons.’’; 

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

22 (A) in subsection (a), by striking ‘‘or na23 tional origin’’ and inserting ‘‘national origin, or 

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1 lence, sexual assault, or severe forms of traf2 ficking in persons’’; 

3 (B) in subsection (b), by striking ‘‘or na4 tional origin’’ and inserting ‘‘national origin, or 

5 whether a person is a survivor of domestic vio6 lence, sexual assault, or severe forms of traf7 ficking in persons’’; 

8 (C) in subsection (c), by striking ‘‘or na9 tional origin’’ and inserting ‘‘national origin, or 

10 whether a person is a survivor of domestic vio11 lence, sexual assault, or severe forms of traf12 ficking in persons’’; 

13 (D) in subsection (d), by striking ‘‘or na14 tional origin’’ and inserting ‘‘national origin, or 

15 whether a person is a survivor of domestic vio16 lence, sexual assault, or severe forms of traf17 ficking in persons’’; and 

18 (E) in subsection (e), by striking ‘‘or na19 tional origin’’ and inserting ‘‘national origin, or 

20 whether a person is a survivor of domestic vio21 lence, sexual assault, or severe forms of traf22 ficking in persons’’; 

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

24 (A) in subsection (a), by striking ‘‘or na25 tional origin’’ and inserting ‘‘national origin, or 


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1 whether a person is a survivor of domestic vio2 lence, sexual assault, or severe forms of traf3 ficking in persons’’; and 

4 (B) in subsection (c), by striking ‘‘or fa5 milial status’’ and inserting ‘‘familial status, or 

6 whether a person is a survivor of domestic vio7 lence, sexual assault, or severe forms of traf8 ficking in persons’’; 

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

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

11 or whether a person is a survivor of domestic vio12 lence, sexual assault, or severe forms of trafficking 

13 in persons’’; 

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

15 at the end the following: 

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

17 State, unit of local government, or other assistance or 

18 preference program from being designed to assist or ben19 efit survivors of domestic violence, sexual assault, or se20 vere forms of trafficking in persons in seeking, securing, 

21 or maintaining dwellings, shelters, or any other form of 

22 housing for such survivors, including associated notices, 

23 statements, or advertisements of such dwelling.’’; and 

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

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1 lence, sexual assault, or severe forms of trafficking 

2 in persons,’’ after ‘‘handicap,’’. 

3 (b) PREVENTION OF INTIMIDATION IN FAIR HOUS4 ING CASES.—The Civil Rights Act of 1968 (42 U.S.C. 

5 1301 et seq.) is amended— 

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

7 (A) in the matter preceding subsection (a), 

8 by inserting ‘‘or coercion’’ after ‘‘threat of 

9 force’’; 

10 (B) in subsection (a), by striking ‘‘or na11 tional origin’’ and inserting ‘‘national origin, or 

12 because the person is a survivor of domestic vio13 lence, sexual assault, or severe forms of traf14 ficking in persons’’; 

15 (C) in subsection (b)(1), by striking ‘‘or 

16 national origin’’ and inserting ‘‘national origin, 

17 or because a person is a survivor of domestic vi18 olence, sexual assault, or severe forms of traf19 ficking in persons’’; and 

20 (D) in subsection (c), by striking ‘‘or na21 tional origin’’ and inserting ‘‘national origin, or 

22 because a person is a survivor of domestic vio23 lence, sexual assault, or severe forms of traf24 ficking in persons’’; and 

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


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1 ‘‘SEC. 902. DEFINITIONS. 

2 ‘‘In this title, the terms ‘domestic violence’, ‘sexual 

3 assault’, ‘severe forms of trafficking in persons’, ‘coercion’, 

4 and ‘survivor of domestic violence, sexual assault, or se5 vere forms of trafficking in persons’ shall have the mean6 ing given such terms in section 802.’’. 

7 (c) PRESERVATION OF SURVIVORS’ ABILITY TO RE8 COVER FOR OTHER FORMS OF DISCRIMINATION.—Noth9 ing in this Act, or an amendment made by this Act, shall 

10 be interpreted to limit the ability of survivors of domestic 

11 violence, sexual assault, or severe forms of trafficking in 

12 persons to recover for any other claims of discrimination 

13 under the Fair Housing Act (42 U.S.C. 3601 et seq.), in14 cluding with respect to failure to conform to gender stereo15 types or policies that disproportionately affect women. 

Æ 


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