Text of US HB 3030 (2011)

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 Com- mittee 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 jurisdic- tion of the committee concerned A BILL To amend the Fair Housing Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Housing Opportunities 4 Made Equal Act of 2011’’ or the ‘‘HOME Act of 2011’’. 5 SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT 6 CERTAIN DISCRIMINATION. 7 (a) IN GENERAL.— 8 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 2 •HR 3030 IH (1) Section 804 of the Fair Housing Act (42 1 U.S.C. 3604) is amended— 2 (A) by inserting ‘‘actual or perceived’’ be- 3 fore ‘‘race, color’’ each place that term appears; 4 and 5 (B) by inserting ‘‘sexual orientation, gen- 6 der identity, marital status, source of income,’’ 7 after ‘‘sex,’’ each place that term appears. 8 (2) Section 805 of the Fair Housing Act (42 9 U.S.C. 3605) is amended— 10 (A) by inserting ‘‘actual or perceived’’ be- 11 fore ‘‘race, color’’ each place that term appears; 12 and 13 (B) by inserting ‘‘sexual orientation, gen- 14 der identity, marital status, source of income,’’ 15 after ‘‘sex,’’ each place that term appears. 16 (3) Section 806 of the Fair Housing Act (42 17 U.S.C. 3606) is amended— 18 (A) by inserting ‘‘actual or perceived’’ be- 19 fore ‘‘race, color’’; and 20 (B) by inserting ‘‘sexual orientation, gen- 21 der identity, marital status, source of income,’’ 22 after ‘‘sex,’’. 23 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 3 •HR 3030 IH (b) PREVENTION OF INTIMIDATION.—Section 901 of 1 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amend- 2 ed— 3 (1) by inserting ‘‘actual or perceived’’ before 4 ‘‘race, color’’ each place that term appears; and 5 (2) by inserting ‘‘sexual orientation (as defined 6 in section 802), gender identity (as so defined), mar- 7 ital status (as so defined), source of income (as so 8 defined)’’ after ‘‘sex,’’ each place that term appears. 9 (c) DEFINITIONS.—Section 802 of the Fair Housing 10 Act (42 U.S.C. 3602) is amended by adding at the end 11 the following: 12 ‘‘(p) ‘Gender identity’ means the gender-related iden- 13 tity, appearance, or mannerisms or other gender-related 14 characteristics of an individual, with or without regard to 15 the individual’s designated sex at birth. 16 ‘‘(q) ‘Marital status’ has the same meaning given that 17 term for purposes of the Equal Credit Opportunity Act. 18 ‘‘(r) ‘Sexual orientation’ means homosexuality, het- 19 erosexuality, or bisexuality. 20 ‘‘(s) ‘Source of income’ means the receipt of Federal, 21 State, or local public assistance including medical assist- 22 ance, or the receipt by a tenant or applicant of Federal, 23 State, or local housing subsidies, including rental assist- 24 ance under section 8 of the United States Housing Act 25 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 4 •HR 3030 IH of 1937 (42 U.S.C. 1437f) or other rental assistance or 1 rental supplements.’’. 2 SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND 3 THE DEFINITION OF DISCRIMINATORY HOUS- 4 ING PRACTICE. 5 Section 802(f) of the Fair Housing Act (42 U.S.C. 6 3602(f)) is amended to read as follows: 7 ‘‘(f) ‘Discriminatory housing practice’ means an act 8 that is unlawful under section 804, 805, 806, or 818 of 9 this title, whether occurring pre- or post-acquisition, and 10 also includes a failure to comply with section 808(e)(5) 11 of this title or a regulation issued to carry out section 12 808(e)(5).’’. 13 SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF 14 ‘‘FAMILIAL STATUS’’. 15 Section 802(k) of the Fair Housing Act (42 U.S.C. 16 3602(k)) is amended to read as follows: 17 ‘‘(k) ‘Familial status’ means one or more individuals 18 (who have not attained the age of 18 years) residing 19 with— 20 ‘‘(1) a parent, foster parent, or another person 21 having legal or lawful physical custody of such indi- 22 vidual or individuals; or 23 ‘‘(2) anyone standing in loco parentis of such 24 individual or individuals. 25 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 5 •HR 3030 IH The protections afforded against discrimination on the 1 basis of familial status apply to any person who is preg- 2 nant or in the process of securing legal custody of an indi- 3 vidual who has not attained the age of 18 years.’’. 4 SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE 5 EQUAL CREDIT OPPORTUNITY ACT TO PRO- 6 VIDE THE DEPARTMENT OF JUSTICE WITH 7 PRE-LITIGATION SUBPOENA POWER. 8 (a) EQUAL CREDIT OPPORTUNITY ACT.—Section 9 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 10 1691e(h)) is amended— 11 (1) by striking ‘‘When a’’ and inserting the fol- 12 lowing: 13 ‘‘(1) IN GENERAL.—When a’’; and 14 (2) by adding at the end the following: 15 ‘‘(2) PRE-LITIGATION SUBPOENA POWER.—If the 16 Attorney General has reason to believe that any person 17 may be in possession, custody, or control of any documen- 18 tary material or information relevant to an investigation 19 under this title, the Attorney General may, before com- 20 mencing a civil action under paragraph (1), issue in writ- 21 ing and cause to be served upon the person, a civil inves- 22 tigative demand. The authority to issue and enforce civil 23 investigative demands under this paragraph shall be iden- 24 tical to the authority of the Attorney General under sec- 25 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 6 •HR 3030 IH tion 3733 of title 31, United States Code, except that the 1 provisions of that section relating to qui tam relators shall 2 not apply.’’. 3 (b) FAIR HOUSING ACT.—Section 814(c) of the Fair 4 Housing Act (42 U.S.C. 3614(c)) is amended— 5 (1) by striking ‘‘The Attorney General’’ and in- 6 serting the following: 7 ‘‘(1) IN GENERAL.—The Attorney General’’; 8 and 9 (2) by adding at the end the following: 10 ‘‘(2) CIVIL INVESTIGATIVE DEMANDS.—If the 11 Attorney General has reason to believe that any per- 12 son may be in possession, custody, or control of any 13 documentary material or information relevant to an 14 investigation under this title, the Attorney General 15 may, before commencing a civil proceeding under 16 this subsection, issue in writing and cause to be 17 served upon the person, a civil investigative demand. 18 The authority to issue and enforce civil investigative 19 demands under this paragraph shall be identical to 20 the authority of the Attorney General under section 21 3733 of title 31, United States Code, except that the 22 provisions of that section relating to qui tam relators 23 shall not apply.’’. 24 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 7 •HR 3030 IH SEC. 6. FREEDOM FROM DISCRIMINATION IN CREDIT. 1 (a) PROHIBITION AGAINST DISCRIMINATION ON AC- 2 COUNT OF SEXUAL ORIENTATION OR GENDER IDEN- 3 TITY.—Section 701(a)(1) of the Equal Credit Opportunity 4 Act (15 U.S.C. 1691(a)(1)) is amended— 5 (1) by inserting ‘‘actual or perceived’’ before 6 ‘‘race, color’’; and 7 (2) by striking ‘‘sex or’’ and inserting ‘‘sex, sex- 8 ual orientation, gender identity,’’. 9 (b) DEFINITIONS.—Section 702 of the Equal Credit 10 Opportunity Act (15 U.S.C. 1691a) is amended— 11 (1) by redesignating subsections (f) and (g) as 12 subsections (g) and (i), respectively; 13 (2) by inserting after subsection (e) the fol- 14 lowing: 15 ‘‘(f) The term ‘gender identity’ means the gender-re- 16 lated identity, appearance, or mannerisms or other gen- 17 der-related characteristics of an individual, with or with- 18 out regard to the individual’s designated sex at birth.’’; 19 and 20 (3) by inserting after subsection (g), as so re- 21 designated, the following: 22 ‘‘(h) The term ‘sexual orientation’ means homosex- 23 uality, heterosexuality, or bisexuality.’’. 24 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 8 •HR 3030 IH SEC. 7. AMENDING THE FAIR HOUSING ACT SO THAT DIS- 1 CRIMINATION IN REAL ESTATE-RELATED 2 TRANSACTIONS INCLUDES THE FAILURE TO 3 MAKE REASONABLE ACCOMMODATIONS FOR 4 PEOPLE WITH DISABILITIES. 5 Section 805(a) of the Fair Housing Act (42 U.S.C. 6 3605(a)) is amended by adding at the end the following: 7 ‘‘For the purposes of this section, discrimination against 8 a person because of handicap includes the failure, in con- 9 nection with a real estate-related transaction, to make rea- 10 sonable accommodations for such person.’’. 11 SEC. 8. AMENDING THE FAIR HOUSING ACT TO CHANGE 12 CERTAIN LIMITATIONS ON FILING COM- 13 PLAINTS AND COMMENCING CIVIL ACTIONS. 14 (a) SECTION 810.—Section 810(a)(1)(A)(i) of the 15 Fair Housing Act (42 U.S.C. 3610(a)(1)(A)(i)) is amend- 16 ed by inserting after the first sentence the following: ‘‘The 17 failure to design and construct a dwelling as required by 18 section 804(f)(3)(C) shall be deemed to continue until 19 such time as the dwelling conforms to the requirements 20 of that section.’’. 21 (b) SECTION 813.—Section 813(a)(1)(A) of the Fair 22 Housing Act (42 U.S.C. 3613(a)(1)(A)) is amended by 23 adding at the end the following: ‘‘The failure to design 24 and construct a dwelling as required by section 25 804(f)(3)(C) shall be deemed to continue until such time 26 VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS 9 •HR 3030 IH as the dwelling conforms to the requirements of that sec- 1 tion.’’. 2 Æ VerDate Mar 15 2010 04:03 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3030.IH H3030 PWALKER on DSK5TPTVN1PROD with BILLS