I 

111TH CONGRESS 

2D SESSION H. R. 6500 

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

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2010 

Mr. NADLER of New York (for himself, Mr. CONYERS, Mr. SCOTT of Virginia, 

Mr. POLIS of Colorado, Mr. TOWNS, Mr. HASTINGS of Florida, and Mr. 

AL GREEN of Texas) introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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 (HOME) Act’’. 

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

7 CERTAIN DISCRIMINATION. 

8 (a) IN GENERAL.— 


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

2 U.S.C. 3604) is amended by inserting ‘‘sexual ori3 entation, gender identity, source of income, marital 

4 status,’’ after ‘‘sex,’’ each place it appears. 

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

6 U.S.C. 3605) is amended by inserting ‘‘sexual ori7 entation, gender identity, source of income, marital 

8 status,’’ after ‘‘sex,’’ each place it appears. 

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

10 U.S.C. 3606) is amended by inserting ‘‘sexual ori11 entation, gender identity, source of income, marital 

12 status,’’ after ‘‘sex,’’. 

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

14 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended 

15 by inserting ‘‘sexual orientation, gender identity, source 

16 of income, marital status,’’ after ‘‘sex,’’ each place it ap17 pears. 

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

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

20 the following: 

21 ‘‘(p) ‘Gender identity’ means the gender-related 

22 identity, appearance, or mannerisms or other gen23 der-related characteristics of an individual, with or 

24 without regard to the individual’s designated sex at 

25 birth. 


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1 ‘‘(q) ‘Sexual orientation’ means homosexuality, 

2 heterosexuality, or bisexuality. 

3 ‘‘(r) ‘Source of income’ means the receipt of 

4 Federal, State, or local public assistance including 

5 medical assistance, or the receipt by a tenant or ap6 plicant of Federal, State, or local housing subsidies, 

7 including rental assistance under section 8 of the 

8 United States Housing Act of 1937 (42 U.S.C. 

9 1437f) or other rental assistance or rental supple10 ments. 

11 ‘‘(s) ‘Marital status’ has the same meaning 

12 given that term for purposes of the Equal Credit 

13 Opportunity Act.’’. 

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

15 THE DEFINITION OF DISCRIMINATORY HOUS16 ING PRACTICE. 

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

18 3602(f)) is amended to read as follows: 

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

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

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

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

23 of this title or a regulation made to carry out section 

24 808(e)(5).’’. 


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

2 ‘‘FAMILIAL STATUS’’. 

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

4 3602(k)) is amended to read as follows: 

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

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

7 with— 

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

9 having legal or physical custody of such individual or 

10 individuals; or 

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

12 individual or individuals. 

13 The protections afforded against discrimination on the 

14 basis of familial status apply to any person who is preg15 nant or in the process of securing legal custody of an indi16 vidual who has not attained the age of 18 years.’’. 

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

18 EQUAL CREDIT OPPORTUNITY ACT TO PRO19 VIDE THE DEPARTMENT OF JUSTICE WITH 

20 PRE-LITIGATION SUBPOENA POWER. 

21 (a) EQUAL CREDIT OPPORTUNITY ACT.—Section 

22 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 

23 1691e(h)) is amended— 

24 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and 

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


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1 ‘‘(2) If the Attorney General has reason to be2 lieve that any person may be in possession, custody, 

3 or control of any documentary material or informa4 tion relevant to an investigation under this title, the 

5 Attorney General may, before commencing a civil ac6 tion under paragraph (1), issue in writing and cause 

7 to be served upon the person, a civil investigative de8 mand. The authority to issue and enforce civil inves9 tigative demands under this paragraph shall be iden10 tical to the authority of the Attorney General under 

11 section 3733 of title 31, United States Code, except 

12 that the provisions of that section relating to qui 

13 tam relators shall not apply.’’. 

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

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

16 (1) by striking ‘‘The Attorney General’’ and in17 serting the following: 

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

19 and 

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

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

22 Attorney General has reason to believe that any per23 son may be in possession, custody, or control of any 

24 documentary material or information relevant to an 

25 investigation under this title, the Attorney General 


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1 may, before commencing a civil proceeding under 

2 this subsection, issue in writing and cause to be 

3 served upon the person, a civil investigative demand. 

4 The authority to issue and enforce civil investigative 

5 demands under this paragraph shall be identical to 

6 the authority of the Attorney General under section 

7 3733 of title 31, United States Code, except that the 

8 provisions of that section relating to qui tam relators 

9 shall not apply.’’. 

10 SEC. 6. AMENDING THE FAIR HOUSING ACT SO THAT DIS11 CRIMINATION IN REAL ESTATE-RELATED 

12 TRANSACTIONS INCLUDES THE FAILURE TO 

13 MAKE REASONABLE ACCOMMODATIONS FOR 

14 PEOPLE WITH DISABILITIES. 

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

16 3605(a)) is amended by adding at the end the following; 

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

18 a person because of handicap includes the failure, in con19 nection with a real estate-related transaction, to make rea20 sonable accommodations for such persons.’’. 

21 SEC. 7. AMENDING THE FAIR HOUSING ACT TO CHANGE 

22 CERTAIN LIMITATIONS ON FILING COM23 PLAINTS AND COMMENCING CIVIL ACTIONS. 

24 (a) SECTION 810.—Section 810(a)(1)(A) of the Fair 

25 Housing Act (42 U.S.C. 3610(a)(1)(A)) is amended by inVerDate Mar 15 2010 03:51 Dec 09, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6500.IH H6500

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1 serting after the first sentence the following: ‘‘The failure 

2 to design and construct a dwelling as required by section 

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

4 as the dwelling conforms to the requirements of that sec5 tion.’’. 

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

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

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

9 and construct a dwelling as required by section 

10 804(f)(3)(C) shall be deemed to continue until such time 

11 as the dwelling conforms to the requirements of that sec12 tion.’’. 

Æ 


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