Sec. 602. Administrative and judicial mechanisms
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Chapter N of subtitle N of title IV of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 et seq.) is amended by inserting after section 41411 the following: A person who claims to have been injured by a violation of the provisions of this chapter and subsequent amendments, and as subsequently amended, or who believes that such person will be injured by a violation that is about to occur, shall be deemed an aggrieved person and the alleged violation shall be deemed an alleged discriminatory housing practice for the purposes of sections 810 through 814 of the Fair Housing Act.
The Secretary of Housing and Urban Development, the Attorney General, and any aggrieved person shall be provided the powers, remedies, and procedures set forth in such sections in enforcing one or more provision of section 41411 of this Act. For the purposes of this chapter the definitions set forth in section 802 of the Fair Housing Act shall apply. Nothing in this section is intended to limit a person’s right to pursue any other remedy or civil action concerning a violation of section 41411.
There is established within the Department of Housing and Urban Development a Violence Against Women Director. The Violence Against Women Director shall— support enforcement and implementation of the provisions of this chapter; coordinate development of Federal regulations, policy, protocols, and guidelines on matters relating to the implementation of this chapter at each appropriate agency administering a covered housing program: coordinate and oversee the development and establishment of an administrative complaint process in which any person adversely impacted by a violation of this chapter can file a complaint within the responsible agency; advise designated officials within the United States Interagency Council on Homelessness, Department of Housing and Urban Development, Department of the Treasury, the Department of Agriculture, and the Department of Justice concerning legislation, implementation, and other issues relating to or affecting the housing provisions under this chapter; provide technical assistance, coordination, and support to each appropriate agency administering a covered housing program subject to this chapter regarding advancing housing protections and access to housing for victims of domestic violence, dating violence, sexual assault, and stalking, including, but not limited to, compliance with this chapter; ensure that adequate technical assistance is made available to owners, managers, and public housing agencies that participate in covered housing programs regarding implementation of this chapter, as well as other issues related to advancing housing protections for victims of domestic violence, dating violence, sexual assault, and stalking, including, but not limited to, compliance with this chapter; and act as a liaison with the judicial branches of Federal, State, and local governments on matters relating to the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.
The Assistant Secretary for Fair Housing and Equal Opportunity shall collect and track complaints alleging violations of this chapter, utilizing the current avenues by which the Office of Fair Housing and Equal Opportunity obtains complaints alleging violations of the Fair Housing Act, and other statutes the Secretary has the authority to enforce. On an annual basis, the Assistant Secretary for Fair Housing and Equal Opportunity shall publish and make publicly available information about complaints alleging violations of this chapter and the resolution of such complaints.
In making this information available to the public, the Assistant Secretary shall include the following: The total number of complaints, as well as number of complaints by HUD region, and how such complaints have been resolved, if at all. The types of covered housing programs involved. The domestic violence, dating violence, sexual assault, and stalking offenses involved. Reported incidents of retaliation (including the actual or threatened denial or termination of tenancy) against victims of domestic violence, dating violence, sexual assault, or stalking for their status as victims, or for asserting their rights under this Act.
Categorizations of alleged violations of this chapter, including— the denial of assistance, tenancy, or occupancy rights to housing assisted under a covered housing program to a tenant or applicant on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking; violation by a covered housing provider of confidentiality provisions; failure by a covered housing provider to follow the notification requirements as outlined in this chapter; refusal to accept documentation as outlined in this chapter; and failure to comply with emergency transfer requirements.
The Assistant Secretary for Fair Housing and Equal Opportunity shall publicize the collection, tracking, and resolution of complaints alleging violations of this chapter, including the use of the Department of Housing and Urban Development website and telephone lines. No appropriate agency shall discriminate against any person because that person has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter or this part.
No appropriate agency shall coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other individual in the exercise or enjoyment of, any rights or protections under this chapter. Illustrations of conduct prohibited by this section include the following: Coercing an individual to deny or limit the benefits, services, or advantages to which the person is entitled under this chapter or this part.
Threatening, intimidating, or interfering with any victims of domestic violence, dating violence, sexual assault, and stalking who is protections under this chapter. Intimidating or threatening any person because that person is assisting or encouraging an individual or group entitled to claim the rights or protections under this chapter or this part to exercise those rights or protections. Retaliating against any person because that person has participated in any investigation or action to enforce this chapter or this part.
Any other similar behavior or activity as determined by the Secretary. Landlords, homeowners, residents and occupants, guests, and housing applicants shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance, and shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim under statutes, ordinances, regulations, or policies adopted or enforced by governmental entities that are direct recipients or sub-recipients of the funding specified in subsection (b).
Penalties that are prohibited include: actual or threatened assessment of penalties, fees, or fines; actual or threatened eviction; actual or threatened refusal to rent or renew tenancy; actual or threatened refusal to issue an occupancy permit or landlord permit; actual or threatened closure of the property. The term covered governmental entities means local and State governments receiving funding pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ).
Consistent with the process provided for in section 104(b) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(b) ), covered governmental entities shall— report any of their laws or policies that impose penalties on landlords, homeowners, residents, occupants, guests, or housing applicants based on criminal activity occurring at a property; and certify that they are in compliance with the protections contained herein or describe the steps they will take within 180 days to come into compliance.
Covered governmental entities may seek to use funds from grants authorized pursuant to sections 501(a), 1701(b), and 2101(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a) , 10381(b), and 10461(b)), in order to develop and implement alternative methods for reducing crime in communities instead of laws, programs, or policies that impose penalties based on requests for law enforcement or emergency assistance or impose penalties on victims of crime, including domestic violence, dating violence, sexual assault, and stalking, because criminal activity occurred at a property.
Oversight and accountability mechanisms provided for under title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq.) shall be available to address violations of this section. . The table of contents for such Act is amended by inserting after the item relating to section 41411 the following: Sec. 41412. Administrative enforcement and enforcement by Secretary, Attorney General, and by private persons. Sec. 41413. Department of Housing and Urban Development Violence Against Women Director.
Sec. 41414. Data collection and oversight. Sec. 41415. Prohibition on retaliation. Sec. 41416. Right to report crime and emergencies from one’s home. .
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Sec. 602
Administrative and judicial mechanisms
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