HOME Act of 2011

Bill: 112-s-1605
Sponsor: Sen. Kerry, John F. [D-MA]
Introduced: 2011-09-22 in the Senate
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liability
Housing discrimination
Housing finance and home ownership
Housing for the elderly and disabled
Marriage and family status
Sex, gender, sexual orientation discrimination

Summary:
action_date: 2011-09-22
text: 
Housing Opportunities Made Equal Act of 2011 or HOME Act of 2011 - Amends the Fair Housing Act, with respect to prohibited discrimination in housing sales and rentals, residential real estate-related transactions, and brokerage services, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, and source of income.
 
Amends the Civil Rights Act of 1968, with respect to prohibited intimidation, interference, or injury of individuals, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds also to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, or source of income.
 
Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies.
 
Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having lawful physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission).
 
Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act.
 
Amends the Equal Credit Opportunity Act to prohibit discrimination against credit applicants on the basis of actual or perceived race or color, sex, sexual orientation, or gender identity. 
 
States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons.
 
Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them.


Legislative actions:
action_date: 2011-09-22
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2011-09-22
text: Introduced in Senate