S 1892 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1892CommentsClose CommentsPermalink

To protect the housing rights of victims of domestic violence, dating violence, sexual assault, and stalking, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 17, 2011CommentsClose CommentsPermalink

Mr. FRANKEN (for himself, Ms. COLLINS, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To protect the housing rights of victims of domestic violence, dating violence, sexual assault, and stalking, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Housing Rights for Victims of Domestic and Sexual Violence Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DENIAL OR TERMINATION OF ASSISTANCE AND EVICTION PROTECTIONS.

(a) Amendment- Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e et seq.) is amended--CommentsClose CommentsPermalink





(1) by inserting after the subtitle heading the following:CommentsClose CommentsPermalink

‘CHAPTER 1--GRANT PROGRAMS’;

(2) in section 41402 (42 U.S.C. 14043e-1), in the matter preceding paragraph (1), by striking ‘subtitle’ and inserting ‘chapter’;CommentsClose CommentsPermalink





(3) in section 41403 (42 U.S.C. 14043e-2), in the matter preceding paragraph (1), by striking ‘subtitle’ and inserting ‘chapter’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink

‘CHAPTER 2--HOUSING RIGHTS

‘SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

‘(a) Definitions- In this chapter:CommentsClose CommentsPermalink





‘(1) APPROPRIATE AGENCY- The term ‘appropriate agency’ means, with respect to a covered housing program, the Executive department (as defined in section 101 of title 5, United States Code) that carries out the covered housing program.CommentsClose CommentsPermalink





‘(2) COVERED HOUSING PROGRAM- The term ‘covered housing program’ means--CommentsClose CommentsPermalink





‘(A) the program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);CommentsClose CommentsPermalink





‘(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);CommentsClose CommentsPermalink





‘(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);CommentsClose CommentsPermalink





‘(D) the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);CommentsClose CommentsPermalink





‘(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);CommentsClose CommentsPermalink





‘(F) the program under paragraph (3) of section 221(d) of the National Housing Act (12 U.S.C. 1715l(d)) that bears interest at a rate determined under the proviso under paragraph (5) of such section 221(d);CommentsClose CommentsPermalink





‘(G) the program under section 236 of the National Housing Act (12 U.S.C. 1715z-1);CommentsClose CommentsPermalink





‘(H) the programs under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 1437g);CommentsClose CommentsPermalink





‘(I) rural housing assistance provided under sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, and 1490p-2); andCommentsClose CommentsPermalink





‘(J) the low income housing tax credit program under section 42 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





‘(3) IMMEDIATE FAMILY MEMBER- The term ‘immediate family member’ means, with respect to an individual--CommentsClose CommentsPermalink





‘(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom such individual stands in loco parentis;CommentsClose CommentsPermalink





‘(B) any individual living in the household of such individual who is related to such individual by blood or marriage; orCommentsClose CommentsPermalink





‘(C) any individual living in the household of such individual who is related to such individual by affinity whose close association or intimate relationship with such individual is the equivalent of a family relationship.CommentsClose CommentsPermalink





‘(b) Prohibited Basis for Denial or Termination of Assistance or Eviction-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.CommentsClose CommentsPermalink





‘(2) CONSTRUCTION OF LEASE TERMS- An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as--CommentsClose CommentsPermalink





‘(A) a serious or repeated violation of a lease for housing assisted under a covered housing program by the victim or threatened victim of such incident; orCommentsClose CommentsPermalink





‘(B) good cause for terminating the assistance, tenancy, or occupancy rights to housing assisted under a covered housing program of the victim or threatened victim of such incident.CommentsClose CommentsPermalink





‘(3) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY-CommentsClose CommentsPermalink





‘(A) DENIAL OF ASSISTANCE, TENANCY, AND OCCUPANCY RIGHTS PROHIBITED- No person may deny assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an immediate family member of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink





‘(B) BIFURCATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Notwithstanding subparagraph (A), an owner or manager of housing assisted under a covered housing program may bifurcate a lease for the housing in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an immediate family member or other individual, without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant of the housing.CommentsClose CommentsPermalink





‘(ii) EFFECT OF EVICTION ON OTHER TENANTS- If an owner or manager of housing assisted under a covered housing program evicts, removes, or terminates assistance to an individual under clause (i), and the individual is the sole tenant eligible to receive assistance under a covered housing program, the owner or manager of housing assisted under the covered housing program shall provide any remaining tenant an opportunity to establish eligibility for the covered housing program. If a tenant described in the preceding sentence cannot establish eligibility, the owner or manager of the housing shall provide the tenant a reasonable time, as determined by the appropriate agency, to find new housing or to establish eligibility for housing under another covered housing program.CommentsClose CommentsPermalink





‘(C) RULE OF CONSTRUCTION- Nothing in subparagraph (A) shall be construed--CommentsClose CommentsPermalink





‘(i) to limit the authority of an owner or manager of housing assisted under a covered housing program, when notified of a court order, to comply with a court order with respect to--CommentsClose CommentsPermalink





‘(I) the rights of access to or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; orCommentsClose CommentsPermalink





‘(II) the distribution or possession of property among members of a household in a case;CommentsClose CommentsPermalink





‘(ii) to limit any otherwise available authority of an owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against the tenant or an immediate family member of the tenant, if the owner or manager does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate;CommentsClose CommentsPermalink





‘(iii) to limit the authority to terminate assistance to a tenant or evict a tenant from housing assisted under a covered housing program if the owner or manager of the housing can demonstrate that an actual and imminent threat to other tenants or individuals employed at or providing service to the property would be present if the assistance is not terminated or the tenant is not evicted; orCommentsClose CommentsPermalink





‘(iv) to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink





‘(c) Documentation-CommentsClose CommentsPermalink





‘(1) REQUEST FOR DOCUMENTATION- If an applicant for or tenant of housing assisted under a covered housing program represents to the owner or manager of the housing that the individual is entitled to protection under subsection (b), the owner or manager may request, in writing, that the tenant submit to the owner or manager a form of documentation described in paragraph (3).CommentsClose CommentsPermalink





‘(2) FAILURE TO PROVIDE CERTIFICATION- If a tenant does not provide the documentation requested under paragraph (1) within 14 business days after the tenant receives a request in writing for such certification from the owner or manager of the housing, nothing in this chapter may be construed to limit the authority of the owner or manager to evict any tenant or lawful occupant that commits violations of a lease. The owner or manager of the housing may extend the 14-day deadline at its discretion.CommentsClose CommentsPermalink





‘(3) FORM OF DOCUMENTATION- A form of documentation described in this paragraph is--CommentsClose CommentsPermalink





‘(A) a certification form approved by the appropriate agency that--CommentsClose CommentsPermalink





‘(i) states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(ii) states that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b); andCommentsClose CommentsPermalink





‘(iii) at the option of the applicant or tenant, includes the name of the individual who committed the domestic violence, dating violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(B) a document that--CommentsClose CommentsPermalink





‘(i) is signed by--CommentsClose CommentsPermalink





‘(I) an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom an applicant or tenant has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse; andCommentsClose CommentsPermalink





‘(II) the applicant or tenant; andCommentsClose CommentsPermalink





‘(ii) states under penalty of perjury that the individual described in clause (i)(I) believes that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under subsection (b) meets the requirements under subsection (b);CommentsClose CommentsPermalink





‘(C) a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; orCommentsClose CommentsPermalink





‘(D) at the discretion of an owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.CommentsClose CommentsPermalink





‘(4) CONFIDENTIALITY- Any information submitted to an owner or manager under this subsection, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be maintained in confidence by the owner or manager and may not be entered into any shared database or disclosed to any other entity or individual, except to the extent that the disclosure is--CommentsClose CommentsPermalink





‘(A) requested or consented to by the individual in writing;CommentsClose CommentsPermalink





‘(B) required for use in an eviction proceeding under subsection (b); orCommentsClose CommentsPermalink





‘(C) otherwise required by applicable law.CommentsClose CommentsPermalink





‘(5) DOCUMENTATION NOT REQUIRED- Nothing in this subsection shall be construed to require an owner or manager of housing assisted under a covered housing program to request that an individual submit documentation of the status of the individual as a victim of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink





‘(6) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT- Compliance with subsection (b) by an owner or manager of housing assisted under a covered housing program based on documentation received under this subsection shall not be sufficient to constitute evidence of an unreasonable act or omission by the owner or manager or an employee or agent of the owner or manager. Nothing in this paragraph shall be construed to limit the liability of an owner or manager of housing assisted under a covered housing program for failure to comply with subsection (b).CommentsClose CommentsPermalink





‘(7) PREEMPTION- Nothing in this subsection shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink





‘(d) Notification- Each owner or manager of housing assisted under a covered housing program shall provide to each applicant for or tenant of such housing notice of the rights of individuals under this section, including the right to confidentiality and the limits thereof, together with the form described in subsection (c)(3)(A)--CommentsClose CommentsPermalink





‘(1) at the time the individual applies to live in a dwelling unit assisted under the covered housing program;CommentsClose CommentsPermalink





‘(2) at the time the individual is admitted to a dwelling unit assisted under the covered housing program;CommentsClose CommentsPermalink





‘(3) with any notification of eviction or notification of termination of assistance;CommentsClose CommentsPermalink





‘(4) in multiple languages, consistent with guidance issued by the Secretary of Housing and Urban Development in accordance with Executive Order 13166 (42 U.S.C. 2000d-1 note; relating to access to services for persons with limited English proficiency); andCommentsClose CommentsPermalink





‘(5) by posting the notification in a public area of such housing.CommentsClose CommentsPermalink





‘(e) Emergency Transfers- Notwithstanding any other provision of law, each owner or manager of housing assisted under a covered program shall adopt an emergency transfer policy for tenants who are victims of domestic violence, dating violence, sexual assault, or stalking that--CommentsClose CommentsPermalink





‘(1) allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit assisted under a covered housing program if--CommentsClose CommentsPermalink





‘(A) the tenant expressly requests the transfer; andCommentsClose CommentsPermalink





‘(B)(i) the tenant reasonably believes that the tenant is threatened with imminent harm from further violence if the tenant remains within the same dwelling unit assisted under a covered housing program; orCommentsClose CommentsPermalink





‘(ii) in the case of a tenant who is a victim of sexual assault, the sexual assault occurred on the premises during the 90 day period preceding the request for transfer; andCommentsClose CommentsPermalink





‘(2) incorporates reasonable confidentiality measures to ensure that the owner or manager does not disclose the location of the dwelling unit of a tenant to a person that commits an act of domestic violence, dating violence, sexual assault, or stalking against the tenant.CommentsClose CommentsPermalink





‘(f) Policies and Procedures for Emergency Transfer- The Secretary of Housing and Urban Development shall establish policies and procedures under which a victim requesting an emergency transfer under subsection (e) may receive, subject to the availability of tenant protection vouchers, assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).CommentsClose CommentsPermalink





‘(g) Implementation- The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered housing program.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) SECTION 6- Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended--CommentsClose CommentsPermalink





(A) in subsection (c)--CommentsClose CommentsPermalink





(i) by striking paragraph (3); andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





(B) in subsection (l)--CommentsClose CommentsPermalink





(i) in paragraph (5), by striking ‘, and that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and will not be good cause for terminating the tenancy or occupancy rights of the victim of such violence’; andCommentsClose CommentsPermalink





(ii) in paragraph (6), by striking ‘; except that’ and all that follows through ‘stalking.’; andCommentsClose CommentsPermalink





(C) by striking subsection (u).CommentsClose CommentsPermalink





(2) SECTION 8- Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended--CommentsClose CommentsPermalink





(A) in subsection (c), by striking paragraph (9);CommentsClose CommentsPermalink





(B) in subsection (d)(1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘and that an applicant or participant is or has been a victim of domestic violence, dating violence, or stalking is not an appropriate basis for denial of program assistance or for denial of admission if the applicant otherwise qualifies for assistance or admission’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) in clause (ii), by striking ‘, and that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and will not be good cause for terminating the tenancy or occupancy rights of the victim of such violence’; andCommentsClose CommentsPermalink





(II) in clause (iii), by striking ‘, except that:’ and all that follows through ‘stalking.’;CommentsClose CommentsPermalink





(C) in subsection (f)--CommentsClose CommentsPermalink





(i) in paragraph (6), by adding ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in paragraph (7), by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink





(iii) by striking paragraphs (8), (9), (10), and (11);CommentsClose CommentsPermalink





(D) in subsection (o)--CommentsClose CommentsPermalink





(i) in paragraph (6)(B), by striking the last sentence;CommentsClose CommentsPermalink





(ii) in paragraph (7)--CommentsClose CommentsPermalink





(I) in subparagraph (C), by striking ‘and that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking shall not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence and shall not be good cause for terminating the tenancy or occupancy rights of the victim of such violence’; andCommentsClose CommentsPermalink





(II) in subparagraph (D), by striking ‘; except that’ and all that follows through ‘stalking.’; andCommentsClose CommentsPermalink





(iii) by striking paragraph (20); andCommentsClose CommentsPermalink





(E) by striking subsection (ee).CommentsClose CommentsPermalink





(3) RULE OF CONSTRUCTION- Nothing in this Act, or the amendments made by this Act, shall be construed--CommentsClose CommentsPermalink





(A) to limit the rights or remedies available to any person under section 6 or 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d and 1437f), as in effect on the day before the date of enactment of this Act; orCommentsClose CommentsPermalink





(B) to limit any right, remedy, or procedure otherwise available under any provision of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code of Federal Regulations, that--CommentsClose CommentsPermalink





(i) was issued under the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 2960) or an amendment made by that Act; andCommentsClose CommentsPermalink





(ii) provides greater protection for victims of domestic violence, dating violence, sexual assault, and stalking than this Act.CommentsClose CommentsPermalink