I 

112TH CONGRESS 

1ST SESSION H. R. 3030 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. NADLER (for himself, Mr. CONYERS, Mr. TOWNS, Mr. ISRAEL, Mr. SCOTT

of Virginia, Mr. HASTINGS of Florida, Mr. POLIS, 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 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.— 


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

2 U.S.C. 3604) is amended— 

3 (A) by inserting ‘‘actual or perceived’’ be4 fore ‘‘race, color’’ each place that term appears; 

5 and 

6 (B) by inserting ‘‘sexual orientation, gen7 der identity, marital status, source of income,’’ 

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

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

10 U.S.C. 3605) is amended— 

11 (A) by inserting ‘‘actual or perceived’’ be12 fore ‘‘race, color’’ each place that term appears; 

13 and 

14 (B) by inserting ‘‘sexual orientation, gen15 der identity, marital status, source of income,’’ 

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

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

18 U.S.C. 3606) is amended— 

19 (A) by inserting ‘‘actual or perceived’’ be20 fore ‘‘race, color’’; and 

21 (B) by inserting ‘‘sexual orientation, gen22 der identity, marital status, source of income,’’ 

23 after ‘‘sex,’’. 


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

2 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amend3 ed— 

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

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

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

7 in section 802), gender identity (as so defined), mar8 ital status (as so defined), source of income (as so 

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

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

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

12 the following: 

13 ‘‘(p) ‘Gender identity’ means the gender-related iden14 tity, appearance, or mannerisms or other gender-related 

15 characteristics of an individual, with or without regard to 

16 the individual’s designated sex at birth. 

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

18 term for purposes of the Equal Credit Opportunity Act. 

19 ‘‘(r) ‘Sexual orientation’ means homosexuality, het20 erosexuality, or bisexuality. 

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

22 State, or local public assistance including medical assist23 ance, or the receipt by a tenant or applicant of Federal, 

24 State, or local housing subsidies, including rental assist25 ance under section 8 of the United States Housing Act 


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

2 rental supplements.’’. 

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

4 THE DEFINITION OF DISCRIMINATORY HOUS5 ING PRACTICE. 

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

7 3602(f)) is amended to read as follows: 

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

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

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

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

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

13 808(e)(5).’’. 

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

15 ‘‘FAMILIAL STATUS’’. 

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

17 3602(k)) is amended to read as follows: 

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

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

20 with— 

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

22 having legal or lawful physical custody of such indi23 vidual or individuals; or 

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

25 individual or individuals. 


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1 The protections afforded against discrimination on the 

2 basis of familial status apply to any person who is preg3 nant or in the process of securing legal custody of an indi4 vidual who has not attained the age of 18 years.’’. 

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

6 EQUAL CREDIT OPPORTUNITY ACT TO PRO7 VIDE THE DEPARTMENT OF JUSTICE WITH 

8 PRE-LITIGATION SUBPOENA POWER. 

9 (a) EQUAL CREDIT OPPORTUNITY ACT.—Section 

10 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 

11 1691e(h)) is amended— 

12 (1) by striking ‘‘When a’’ and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—When a’’; and 

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

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

17 Attorney General has reason to believe that any person 

18 may be in possession, custody, or control of any documen19 tary material or information relevant to an investigation 

20 under this title, the Attorney General may, before com21 mencing a civil action under paragraph (1), issue in writ22 ing and cause to be served upon the person, a civil inves23 tigative demand. The authority to issue and enforce civil 

24 investigative demands under this paragraph shall be iden25 tical to the authority of the Attorney General under secVerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030

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1 tion 3733 of title 31, United States Code, except that the 

2 provisions of that section relating to qui tam relators shall 

3 not apply.’’. 

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

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

6 (1) by striking ‘‘The Attorney General’’ and in7 serting the following: 

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

9 and 

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

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

12 Attorney General has reason to believe that any per13 son may be in possession, custody, or control of any 

14 documentary material or information relevant to an 

15 investigation under this title, the Attorney General 

16 may, before commencing a civil proceeding under 

17 this subsection, issue in writing and cause to be 

18 served upon the person, a civil investigative demand. 

19 The authority to issue and enforce civil investigative 

20 demands under this paragraph shall be identical to 

21 the authority of the Attorney General under section 

22 3733 of title 31, United States Code, except that the 

23 provisions of that section relating to qui tam relators 

24 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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