S. 3283Senate112th Congress (2011-2013)In Committee

Ending Housing Discrimination Against Servicemembers and Veterans Act of 2012

A bill to amend the Fair Housing Act to protect servicemembers and veterans from housing discrimination, and for other purposes.

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2 earlier actions

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Banking, Housing, and Urban Affairs Committee

June 11, 2012

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SenateIntro Referral

Introduced in Senate

June 11, 2012

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4180-4181)

June 11, 2012

SenateIntro Referral

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Banking, Housing, and Urban Affairs Committee

June 11, 2012

Floor Debate

2 members

What members said about S. 3283 on the floor

1 Republican1 Democrat

Sen. Scott P. Brown R-MA · Jun 14, 2012

Mr. President, I rise to discuss a terrible shortcoming in our housing discrimination laws and legislation which I have introduced and which I encourage the Presiding Officer to sign on to. Last…

Mr. President, I rise to discuss a terrible shortcoming in our housing discrimination laws and legislation which I have introduced and which I encourage the Presiding Officer to sign on to.

Last week, the Boston Herald reported that a veteran of Iraq and Afghanistan had been forced to file suit in Massachusetts because a political activist landlord allegedly discouraged him from renting because of his military background, claiming the situation would be ``uncomfortable.''

This brave veteran brought his fight to the press and to the courts of Massachusetts, where State law makes it illegal to discriminate against veterans who are seeking housing. In Massachusetts, that is, in fact, the law. It is illegal. When I read this, I was angry, as I know the Presiding Officer would be angry if it happened in his State. That this could happen today is mind-boggling. So my staff and I started working to see what we could do to right this wrong and see if it was something that was systemic throughout the country. We started digging into this issue and found that when it comes to housing, it is apparently not illegal--let me repeat that, it is apparently not illegal--under Federal law to discriminate against a veteran or a member of our Armed Forces on the basis of their brave service to our Nation.

Back when I was a State senator and State representative in Massachusetts, at the statehouse, we took action, as I referenced, to ensure our veterans are protected, whether it is a welcome home bonus for first- and second-time soldiers who have served, antidiscrimination reemployment or educational benefits. I could go on and on.

Quite frankly, I think Massachusetts does it better than any other State in the country. So it came as a surprise to learn that fewer than one-half dozen States have similar protections. With tens of thousands of veterans returning home in the next few years and the size of our Armed Forces actually shrinking dramatically, now is clearly the time to fix the problem. I know the Presiding Officer as well does not want to hear more stories such as this one because I recognize how important that issue is for the Presiding Officer.

No one who puts on the uniform of our Nation and serves should be faced with discrimination. There is no one who should ever face that discrimination when they are trying to put a roof over their head and the heads of their family. The idea that anyone would deny a home to someone who has put their life on the line for our freedom is, quite frankly, un-American. It should be condemned by every Member of this body.

In order to understand today's problem, however, we must go back to 1968, when I was 9 years old, when one of my predecessors, Senator Edward Brooke, a great legislator from my home State of Massachusetts-- a gentleman whom I still speak with--helped author the Fair Housing Act which was signed into law by then-President Johnson. That civil rights legislation broke new ground by banning housing discrimination on the basis of race, color, religion or national origin. Another great Senator from Massachusetts, Senator Ted Kennedy, joined Senator Brooke in urging the bipartisan passage of that very important piece of legislation.

Then, in 1974, closer to the Presiding Officer, Senator Bill Brock of Tennessee amended the act to prevent housing discrimination on the basis of

gender. Then, in 1988, Senator Kennedy extended the act's protections to those Americans with disabilities and families with children. Both of these expansions received broad bipartisan support and were actually signed into law.

As Senator Brooke said 44 years ago:

Fair housing is not a political issue, except as we make it

one by the nature of our debate. It is purely and simply a

matter of equal justice for all Americans.

Well said by Senator Brooke 44 years ago.

Fair housing has a bipartisan history and we have a chance to do it again. We can do it by protecting two additional groups from housing discrimination. My Ending Housing Discrimination Against Servicemembers and Veterans Act, S. 3283, is needed and it is needed right now. It amends the Fair Housing Act to protect veterans and servicemembers from housing discrimination.

By passing this bill right away, the Senate can say affirmatively and immediately that veterans and servicemembers deserve the same rights to housing as anyone else. This is a no-brainer. The Commander in Chief of the Veterans of Foreign Wars of the United States has endorsed my bill, as referenced for people looking on, saying:

Senator Brown's work to protect servicemembers and veterans

from housing discrimination is very positive. It is

unconscionable that members of our military and veterans

should fear not being able to rent or buy a home because of

their status as a veteran.

This bill will correct the issue.

By passing this bill right away, we can, once again, say to those veterans and servicemembers that they have our pride and respect. We need the action right now. No veteran or servicemember should ever face the indignity of being denied housing solely on the basis of their service.

The Fair Housing Act of 1968 and Senator Kennedy's amendments in 1988 passed with overwhelming support. We should be able to do the same. I urge all my colleagues to cosponsor this important piece of legislation and work for its immediate and unanimous passage. It is time to fix this shortcoming in our Nation's housing laws and it is, quite frankly, the right thing to do.

I would like to also take this opportunity to wish the U.S. Army a happy 237th birthday. I was honored to go to the cake-cutting last night and honor those who have done so much for our great country.

I thank the Chair. I yield the floor.

Sen. Harry ReidD-NV · Jun 14, 2012

Mr. President, I yield back all postcloture time on the nomination of Mari Carmen Aponte. Mr. President, I ask unanimous consent that the motion to reconsider be considered made and laid upon the…

Bill Text

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Introduced in SenateIssued June 11, 2012

112th CONGRESS

2d Session

S. 3283

IN THE SENATE OF THE UNITED STATES

June 11, 2012

Mr. Brown of Massachusetts introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To amend the Fair Housing Act to protect servicemembers and veterans from housing discrimination, and for other purposes.

Short title

This Act may be cited as the Ending Housing Discrimination Against Servicemembers and Veterans Act of 2012.

Findings

Congress finds the following:

(1)

Servicemembers and veterans have given the United States the ultimate commitment to preserve freedom and national security.

(2)

Those who are serving or have served in the Armed Forces deserve the maximum protection possible from discrimination based upon their military service.

(3)

Veterans have historically suffered from homelessness at a higher rate than the general population and ending this disgrace should be a national priority.

(4)

Those who are wearing or have worn the uniform of the United States should be entitled to Federal protection from housing discrimination.

Ending housing discrimination against servicemembers and veterans

(a)

Definitions

Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following:

(p)

Servicemember or veteran means an individual who serves or served in the Armed Forces, including in the National Guard or the Reserves (or in the National Guard in State status under title 32, United States Code), except that such term does not include an individual who was discharged or released from service under dishonorable conditions.

(b)

Discrimination in the sale or rental of housing and other prohibited practices

Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended—

(1)

in subsection (a), by inserting or because the person is a servicemember or veteran after national origin;

(2)

in subsection (b), by inserting or because the person is a servicemember or veteran after national origin;

(3)

in subsection (c), by inserting or because a person is a servicemember or veteran, after national origin,; and

(4)

in subsection (d), by inserting , or because the person is a servicemember or veteran, after national origin.

(c)

Discrimination in residential real estate-Related transactions

Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended—

(1)

in subsection (a), by inserting or because the person is a servicemember or veteran after national origin; and

(2)

in subsection (c), by striking , or familial status and inserting familial status, or whether a person is a servicemember or veteran.

(d)

Discrimination in the provision of brokerage services

Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended by inserting or because a person is a servicemember or veteran after national origin.

(e)

Religious organization or private club exemption

Section 807(a) of the Fair Housing Act (42 U.S.C. 3607(a)) is amended, in the first sentence by inserting or to persons who are not servicemembers or veterans after national origin.

(f)

Administration

Section 808(e)(6) of the Fair Housing Act (42 U.S.C. 3608(e)(6)) is amended, in the first sentence, by inserting (including whether such persons and households are or include servicemembers or veterans) after persons and households.

(g)

Prevention of discrimination

Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended—

(1)

in subsection (a), by inserting , or because the person is a servicemember or veteran (as such term is defined in section 802 of this Act), after national origin;

(2)

in subsection (b)(1), by inserting or because a person is a servicemember or veteran (as such term is defined in section 802 of this Act), after national origin,; and

(3)

in subsection (c), by inserting or because a person is a servicemember or veteran (as such term is defined in section 802 of this Act), after national origin,.

(h)

Rule of construction

The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended by adding at the end the following:

821.

Rule of construction relating to the treatment of servicemembers and veterans

(a)

Rule of construction

Nothing in this Act may be construed to prohibit any person from—

(1)

making available to an individual a benefit with respect to a dwelling, a residential real estate-related transaction (as defined in section 805 of this Act), or a service described in section 806 of this Act because the individual is a servicemember or veteran; or

(2)

selling or renting a dwelling only to servicemembers or veterans.

(b)

Definition

For purposes of this section, the term benefit includes a term, condition, privilege, promotion, discount, or other favorable treatment (including an advertisement for such treatment) having the purpose or effect of providing an advantage to a servicemember or veteran.