119-s1621

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1621 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1621

 To restore the fair housing mission of the Department of Housing and 
 Urban Development, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 6, 2025

 Ms. Warren introduced the following bill; which was read twice and 
 referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

 A BILL

 To restore the fair housing mission of the Department of Housing and 
 Urban Development, and for other purposes.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Restoring Fair Housing Protections 
Eliminated by Trump Act of 2025''.

SEC. 2. FINDINGS.

 The Congress finds the following:

    (1) The current Administration has taken several steps that 
 seriously undermine fair housing protections for people in the 
 United States.

    (2) On February 10, 2025, the Secretary announced that he 
 would halt all current and future enforcement of the Equal 
 Access Rule of the Department that protects persons who are 
 experiencing homelessness from discrimination on the basis of 
 sexual orientation and gender identity while residing in 
 shelters and while receiving homeless services.

    (3) On February 11, 2025, the Secretary stated in an 
 interview regarding the halting of Equal Access Rule 
 enforcement that, ``We want to uphold, first, what the bible 
 says--that there's male and female'' and also stated that 
 Department and the Office of Management and Budget ``are going 
 after AFFH''.

    (4) On February 12, 2025, the Secretary submitted an 
 interim final rule about affirmatively furthering fair housing 
 to the Office of Management and Budget for review.

    (5) On February 12, 2025, the Secretary submitted a 
 proposed Equal Access Rule to the Office of Management and 
 Budget for review.

    (6) On February 14, 2025, Bloomberg Law reported that the 
 Trump Administration plans to eliminate 50 percent of the staff 
 at the Department.

    (7) On February 26, 2025, ProPublica reported that the 
 United States DOGE Service (commonly referred to as the 
 ``Department of Government Efficiency'' or ``DOGE'') was given 
 access to confidential fair housing discrimination complaints.

    (8) On February 26, 2025, the Secretary announced the 
 rescission of the rule to affirmatively further fair housing 
 and announced the Department will now rely on localities to 
 self-certify that they comply with the law, even if the 
 locality has not shown to the Department that it has 
 affirmatively furthered fair housing, through an interim final 
 rule issued on March 3, 2025, entitled ``Affirmatively 
 Furthering Fair Housing Revisions''.

    (9) On February 25, 2025, the Secretary, at the direction 
 of the United States DOGE Service (commonly referred to as the 
 ``Department of Government Efficiency'' or ``DOGE''), canceled 
 78 Fair Housing Initiatives Program grants that private 
 nonprofit fair housing organizations use to investigate and 
 root out illegal housing discrimination.

    (10) On March 13, 2025, Fair Housing Initiatives Program 
 grantees filed a class action lawsuit in a United States 
 District Court.

    (11) On March 25, 2025, the United States District Court in 
 the District of Massachusetts granted a temporary restraining 
 order directing the Secretary to reinstate the 78 Fair Housing 
 Initiatives Program grants.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Artificial intelligence.--The term ``artificial 
 intelligence'' has the meaning given the term in 

section 238

    (g) of the John S. McCain National Defense Authorization Act for 
 Fiscal Year 2019 (10 U.S.C. 2358 note).

    (2) Covered housing.--The term ``covered housing''--
        (A) with respect to a complaint alleging a 
 violation of the Fair Housing Act (42 U.S.C. 3601 et 
 seq.), means--
            (i) housing assisted under the program for 
 supportive housing for the elderly under 
 

section 202 of the Housing Act of 1959 (12 
 U.S.C. 1701q), including the direct loans 
 program under such 

section 202 as in effect 
 before the date of enactment of the Cranston-
 Gonzalez National Affordable Housing Act (12 
 U.S.C. 12701 et seq.);
            (ii) housing assisted under the program for 
 supportive housing for persons with 
 disabilities under 

section 811 of the Cranston-
 Gonzalez National Affordable Housing Act (42 
 U.S.C. 8013);
            (iii) housing assisted under the program 
 for housing opportunities for people with AIDS/
 HIV under subtitle D of title VIII of the 
 Cranston-Gonzalez National Affordable Housing 
 Act (42 U.S.C. 12901 et seq.);
            (iv) housing assisted under any of the 
 programs under subtitles B through D of title 
 IV of the McKinney-Vento Homeless Assistance 
 Act (42 U.S.C. 11371 et seq.);
            (v) housing assisted under the HOME 
 Investment Partnerships program under subtitle 
 A of title II of the Cranston-Gonzalez National 
 Affordable Housing Act (42 U.S.C. 12741 et 
 seq.);
            (vi) housing assisted under the rent 
 supplement program under 

section 101 of the 
 Housing and Urban Development Act of 1965 (12 
 U.S.C. 1701s);
            (vii) housing financed by a loan or 
 mortgage that is insured under 

section 203 of 
 the National Housing Act (12 U.S.C. 1709);
            (viii) housing financed by a loan or 
 mortgage that is--
            (I) secured by a first or 
 subordinate lien on a residential real 
 property, including any such secured 
 loan, the proceeds of which are used to 
 prepay or pay off an existing loan 
 secured by the same property; and
            (II) purchased or securitized by 
 the Federal Home Loan Mortgage 
 Corporation or the Federal National 
 Mortgage Association;
            (ix) housing insured, assisted, or held by 
 the Secretary or a State or State agency under 
 the multifamily rental assistance program under 
 

section 236 of the National Housing Act (12 
 U.S.C. 1715z-1);
            (x) public housing assisted under title I 
 of the United States Housing Act of 1937 (42 
 U.S.C. 1437 et seq.);
            (xi) a dwelling unit assisted under the 
 Housing Choice Voucher program for rental 
 assistance under 

section 8

    (o) of the United 
 States Housing Act of 1937 (42 U.S.C. 
 1437f

    (o) );
            (xii) housing assisted with project-based 
 rental assistance provided under 

section 8 of 
 the United States Housing Act of 1937 (42 
 U.S.C. 1437f);
            (xiii) housing assisted with funds from the 
 Housing Trust Fund as established under 

section 1338 of the Federal Housing Enterprises 
 Financial Safety and Soundness Act of 1992 (12 
 U.S.C. 4568);
            (xiv) housing assisted under any of the 
 rural housing assistance programs under 

section 514, 515, 516, 533, 538, or 542 of the Housing 
 Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 
 1490p-2, 1490r);
            (xv) any housing project for which equity 
 is provided through any low-income housing tax 
 credit pursuant to 

section 42 of the Internal 
 Revenue Code of 1986;
            (xvi) housing assisted under the 
 Comprehensive Service Programs for Homeless 
 Veterans program under subchapter II of chapter 
 20 of title 38, United States Code;
            (xvii) housing and facilities assisted 
 under the grant program for homeless veterans 
 with special needs under 

section 2061 of title 
 38, United States Code;
            (xviii) permanent housing for which 
 assistance is provided under the program for 
 financial assistance for supportive services 
 for very low-income veteran families in 
 permanent housing under 

section 2044 of title 
 38, United States Code;
            (xix) any other housing assisted by any 
 housing program administered by the Secretary 
 of Veterans Affairs;
            (xx) housing assisted by the Community 
 Development Financial Institutions Fund 
 established under the Community Development 
 Banking and Financial Institutions Act of 1994 
 (12 U.S.C. 4701 et seq.);
            (xxi) housing assisted under the 
 Neighborhood Reinvestment Corporation Act (42 
 U.S.C. 8101 et seq.);
            (xxii) housing assisted under title I of 
 the Housing and Community Development Act of 
 1974 (42 U.S.C. 5301 et seq.), including 
 housing assisted with amounts provided during a 
 disaster as described in such Act;
            (xxiii) transitional or short-term housing 
 assisted under the grant program under 

section 40299 of the Violence Against Women Act of 1994 
 (34 U.S.C. 12351);
            (xxiv) housing assisted under such other 
 Federal housing programs as identified for the 
 purposes of 

section 7 of this Act; and
            (xxv) Federally subsidized dwelling units 
 that provide affordable housing to low-income 
 persons by means of restricted rents or rental 
 assistance, as identified for the purposes of 
 

section 7 of this Act; and
        (B) with respect to a complaint alleging a 
 violation of the Violence Against Women Act (34 U.S.C. 
 12291 et seq.), means a covered housing program, as 
 defined in 

section 41411 of such Act (34 U.S.C. 12491).

    (3) Department.--The term ``Department'' means the 
 Department of Housing and Urban Development.

    (4) Secretary.--The term ``Secretary'' means the Secretary 
 of Housing and Urban Development.

SEC. 4. MISSION OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

 

Section 2 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3531) is amended--

    (1) in the section heading, by inserting ``; mission of 
 department'' after ``purpose'';

    (2) by inserting ``

    (a) 

=== Purpose ===
-'' after ``

Sec. 2.''; and

    (3) by adding at the end the following:
 ``

    (b) Mission of Department.--The mission of the Department of 
Housing and Urban Development shall be to create strong, sustainable, 
inclusive communities and quality affordable homes for all. The 
Department of Housing and Urban Development shall work to strengthen 
the housing market to bolster the economy and protect consumers, meet 
the need for quality affordable rental homes, utilize housing as a 
platform for improving quality of life, build inclusive and sustainable 
communities free from discrimination, and transform the way the 
Department does business.''.

SEC. 5. IMPLEMENTATION OF AFFIRMATIVELY FURTHERING FAIR HOUSING 
 REGULATION.

 Not later than 90 days after the date of enactment of this Act, the 
Secretary shall carry out the following:

    (1) Repeal the interim final rule issued on March 3, 2025, 
 entitled ``Affirmatively Furthering Fair Housing Revisions''.

    (2) Issue a rule that defines ``affirmatively furthering 
 fair housing'' in the following manner:
        (A) ``Affirmatively furthering fair housing'' 
 means--
            (i) taking meaningful actions, in addition 
 to combating discrimination, that overcome 
 patterns of segregation and foster inclusive 
 communities free from barriers that restrict 
 access to opportunity based on protected 
 characteristics; and
            (ii) in particular, taking meaningful 
 actions that, taken together, address 
 significant disparities in housing needs and in 
 access to opportunity, replacing segregated 
 living patterns with truly integrated and 
 balanced living patterns, transforming racially 
 or ethnically concentrated areas of poverty 
 into areas of opportunity, and fostering and 
 maintaining compliance with civil rights and 
 fair housing laws.
        (B) The duty to affirmatively further fair housing 
 extends to all of a program participant's activities 
 and programs relating to housing and urban development.

SEC. 6. REVIEW OF ONLINE COMPLAINTS OF VIOLATIONS OF FAIR HOUSING ACT.

 Not later than 180 days after the date of enactment of this Act, 
the Secretary shall submit to Congress a report that includes--

    (1) a review of the complaints filed with the Secretary 
 under 

section 810 of the Fair Housing Act (42 U.S.C. 3610) 
 during the 5-year period preceding the date of enactment of 
 this Act that alleged a discriminatory housing practice 
 involving a digital platform or artificial intelligence, 
 including any artificial intelligence used for--
        (A) advertisement delivery and targeting;
        (B) tenant screening;
            (C) automated mortgage underwriting;
            (D) dynamic pricing of real estate; and
        (E) real estate listings; and

    (2) an analysis of trends and risks related to--
        (A) discrimination that occurs in connection with 
 the use of digital platforms to rent or purchase 
 housing;
        (B) the sufficiency of the Fair Housing Act (42 
 U.S.C. 3601 et seq.) to remedy discrimination during 
 the rental or purchase of housing through digital 
 platforms; and
            (C) steps the Secretary plans to take to address 
 that discrimination.

SEC. 7. PUBLICLY AVAILABLE DATABASE FOR FAIR HOUSING COMPLAINTS.

 The Secretary shall develop, and update on a quarterly basis, a 
database that is publicly available on a website of the Department that 
includes, subject to applicable confidentiality constraints, the 
following:

    (1) The total number of complaints alleging violations of 
 the Fair Housing Act (42 U.S.C. 3601 et seq.) that were 
 received by the Secretary, disaggregated with respect to both 
 number and percentage, by each protected class established 
 under such Act.

    (2) The number and percentage of the total number of 
 complaints that allege violations of the Violence Against Women 
 Act of 1994 (34 U.S.C. 12291 et seq.).

    (3) The number and percentage of the total number of 
 complaints referred to in paragraphs

    (1) and

    (2) that--
        (A) were made by persons experiencing homelessness;
        (B) were made by tenants; and
            (C) were made by persons who have applied for 
 covered housing, disaggregated by each specific type of 
 covered housing for which such person applied.

    (4) For each State, the number and percentage of the total 
 number of complaints referred to in paragraphs

    (1) and

    (2) that 
 were made by residents of such State.

    (5) The number and percentage of the total number 
 complaints referred to in paragraphs

    (1) and

    (2) that alleged 
 that the complainant was retaliated against after reporting the 
 alleged violation and, of such number, the number and 
 percentage that alleged that the complainant was evicted for 
 any retaliatory reason.

    (6) The status of the complaints referred to in paragraphs

    (1) and

    (2) , including a detailed description of the 
 resolutions and remedies provided and, for complaints that were 
 administratively closed, of the reasons for such closures.

    (7) The number and percentage of the total number of 
 complaints referred to in paragraph

    (1) that were received by--
        (A) State agencies assisted under the Fair Housing 
 Assistance Program authorized under 

section 810 of the 
 Fair Housing Act (42 U.S.C. 3610); and
        (B) local agencies assisted under the Fair Housing 
 Initiatives Program authorized under 

section 817 of 
 such Act (42 U.S.C. 3616).

    (8) The number and percentage of the total number of 
 complaints referred to in paragraph

    (1) that ended in a 
 reasonable cause charge by the Secretary or were referred to 
 the Attorney General by the Secretary.

    (9) The number and percentage of the total number of 
 complaints referred to in paragraph

    (1) received by the 
 Attorney General that were not referred to the Attorney General 
 by the Secretary.
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