Fair Housing for Survivors Act of 2023

Bill: 118-s-1293
Sponsor: full_name: Sen. Shaheen, Jeanne [D-NH]
Introduced: 2023-04-26
Policy area: Housing and Community Development
Subjects: Assault and harassment offenses

Crime victims

Crimes against women

Domestic violence and child abuse

Housing discrimination

Housing finance and home ownership

Human trafficking

Real estate business

Sex offenses

Smuggling and trafficking
Latest action: action_date: 2023-04-26
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 1293 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. Short title This Act may be cited as the Fair Housing for Survivors Act of 2023 . 2. Findings Congress makes the following findings: (1) Cities, towns, and rural communities in the United States continue to face enormous challenges regarding domestic violence, sexual assault, sex trafficking, dating violence, stalking, and other forms of intimate partner and gender-based violence. (2) One in three women and one in ten men in the United States have experienced rape, physical violence, or stalking by an intimate partner in their lifetime. (3) Intimate partner violence alone affects more than 12,000,000 people in the United States every year. (4) Approximately 7,000,000 women are raped or physically assaulted by a current or former intimate partner each year. (5) Among women experiencing sex trafficking, many of their traffickers are also their intimate partners. (6) Each day, an average of three women are killed by a current or former partner. (7) Researchers estimate that domestic violence costs employers up to $13,000,000,000 each year. (8) A fundamental component of ending domestic and sexual violence is securing safe and affordable housing for survivors. (9) Research indicates that: (A) As many as fifty-seven percent of homeless women report that domestic violence was the immediate cause of their homelessness. (B) Ninety-two percent of homeless women report having experienced severe physical or sexual violence at some point in their lives, including sexual exploitation and trafficking. (C) Eighty-four percent of survivors in domestic violence shelters reported that they needed help finding affordable housing. The National Network to End Domestic Violence’s DV Counts Report finds that the majority of survivors’ unmet needs are related to housing and shelter. In another nationwide study, more than half of the victims who identified a need for housing services did not receive them. (D) Survivors who become homeless as a result of sexual assault are vulnerable to further sexual victimization and exploitation including sex trafficking. (E) Women of color in the lowest income category experience six times the rate of nonfatal intimate partner violence compared to white women in the highest income category. (F) Poor women of color, domestic violence survivors, and women with children are among those at the highest risk of eviction. (G) Housing insecurity can exacerbate survivors’ vulnerability. Women and men who experienced food or housing insecurity in a 12-month period had a significantly higher prevalence of rape, physical violence, or stalking by an intimate partner in that same time period, as compared to those who did not experience food or housing insecurity. (H) Vulnerable women are also at risk of sex trafficking and exploitation by landlords who pressure them for sex in exchange for rent or a delay in rent payments. (I) Approximately thirty-eight percent of all survivors of domestic violence become homeless at some point in their life. (10) Surveys show that a majority of survivors who experience a sexual assault in their home do not relocate to a safe environment because they do not have sufficient funds and are not aware of better options. (11) Domestic and sexual violence survivors often find themselves trapped in homes where they are further victimized by caregivers, parents, siblings, landlords, intimate partners, neighbors, or others in or near their home. Economic insecurity and the trauma that often follows sexual violence make it difficult, if not impossible, for many survivors to access safe, affordable housing options for themselves and their families. (12) Domestic and sexual violence survivors continue to face discrimination in securing and maintaining housing based on their status as survivors and as a result of crimes committed against them. (13) Research by the Attorney General of the State of New York found that sixty-seven percent of domestic violence survivors reported that discrimination by landlords is a significant obstacle in obtaining housing. (14) Research also shows that survivors of domestic violence or sexual assault are commonly denied housing opportunities if a previous residence of the survivor was a domestic violence shelter, if the survivor has secured a protective order, or if there is other evidence that the survivor has experienced a previous domestic violence incident. (15) Studies show that survivors of domestic violence or sexual assault often face eviction based on a single domestic violence incident. (16) Survivors of sex trafficking face additional challenges in obtaining and maintaining housing due to criminal records incurred as a direct result of their exploitation. (17) It is in the public interest to ensure that survivors of domestic violence, sexual assault, sex trafficking, dating violence, stalking, and other forms of intimate partner and gender-based violence are not discriminated against, particularly with respect to housing, based on their status as victims of the crimes committed against them. 3. Survivors of domestic violence or sexual assault as protected class under the Fair Housing Act (a) In general The Fair Housing Act ( 42 U.S.C. 3601 et seq. ) is amended— (1) in section 802 ( 42 U.S.C. 3602 ), by adding at the end the following: (p) Domestic violence — (1) has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); and (2) includes— (A) dating violence and stalking, as such terms are defined in such section 40002(a); and (B) threatened domestic violence. (q) Sexual assault — (1) has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); and (2) includes threatened sexual assault. (r) Severe forms of trafficking in persons has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (s) Coercion has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (t) Survivor of domestic violence, sexual assault, or severe forms of trafficking in persons includes any person who experienced or is perceived to have experienced domestic violence, sexual assault, or severe forms of trafficking in persons. ; (2) in section 804 ( 42 U.S.C. 3604 )— (A) in subsection (a), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (B) in subsection (b), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (C) in subsection (c), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (D) in subsection (d), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; and (E) in subsection (e), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (3) in section 805 ( 42 U.S.C. 3605 )— (A) in subsection (a), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; and (B) in subsection (c), by striking or familial status and inserting familial status, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (4) in section 806 ( 42 U.S.C. 3606 ), by striking or national origin and inserting national origin, or whether a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (5) in section 807 ( 42 U.S.C. 3607 ), by adding at the end the following: (c) Nothing in this title shall prohibit a Federal, State, unit of local government, or other assistance or preference program from being designed to assist or benefit survivors of domestic violence, sexual assault, or severe forms of trafficking in persons in seeking, securing, or maintaining dwellings, shelters, or any other form of housing for such survivors, including associated notices, statements, or advertisements of such dwelling. ; and (6) in section 808(e)(6) ( 42 U.S.C. 3608(e)(6) ), by inserting status as a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons, after handicap, . (b) Prevention of intimidation in fair housing cases The Civil Rights Act of 1968 ( 42 U.S.C. 1301 et seq. ) is amended— (1) in section 901 ( 42 U.S.C. 3631 )— (A) in the matter preceding subsection (a), by inserting or coercion after threat of force ; (B) in subsection (a), by striking or national origin and inserting national origin, or because the person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; (C) in subsection (b)(1), by striking or national origin and inserting national origin, or because a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; and (D) in subsection (c), by striking or national origin and inserting national origin, or because a person is a survivor of domestic violence, sexual assault, or severe forms of trafficking in persons ; and (2) by inserting after section 901 the following: 902. Definitions In this title, the terms domestic violence , sexual assault , severe forms of trafficking in persons , coercion , and survivor of domestic violence, sexual assault, or severe forms of trafficking in persons shall have the meaning given such terms in section 802. . (c) Preservation of survivors’ ability To recover for other forms of discrimination Nothing in this Act, or an amendment made by this Act, shall be interpreted to limit the ability of survivors of domestic violence, sexual assault, or severe forms of trafficking in persons to recover for any other claims of discrimination under the Fair Housing Act ( 42 U.S.C. 3601 et seq. ), including with respect to failure to conform to gender stereotypes or policies that disproportionately affect women.