Fair Housing Fact Sheet

The "Fair Housing Amendments Act of 1998" (H.R. 3206)

What is H.R. 3206, the new Fair Housing Legislation?

H.R. 3206, the "Fair Housing Amendments Act of 1998," is a bill that severely threatens the protections given under the Fair Housing Act (FHA) for children and adults with mental disorders living in group and community-based housing facilities. The legislation was introduced by members of the U.S. House of Representatives on February 12, 1998, in an effort to address the housing concerns of local governments.

H.R. 3206 is sponsored by Representative Brian Bilbray (R-CA), and currently has 31 cosponsors - including strong supporters, Representative Charles Canady (R-FL) and Representative Jane Hannan (D-CA). The bill passed by a vote of 7-5 in the House Judiciary Subcommittee on the Constitution, and is currently awaiting a vote in the full House Judiciary Committee.

Why Does NMHA Oppose H.R. 3206?

Specifically, the legislation would:

• Give localities the power to restrict group home facilities for children and adults with mental disorders. This would leave these individuals few opportunities for housing outside of state operated facilities and nursing homes.
• Amend the FHA by changing the definition of "familial status" to include only individuals related by blood, marriage, or adoption, and foster children living with such relatives. This would limit housing protections for abused and neglected kids leaving them few opportunities to live in structured community-based housing facilities.
• Narrow protections against discriminatory treatment and harassment in the housing marketplace. This would eliminate basic civil rights protections for people with mental disabilities.
• Allow local governments to regulate completely the occupancy of homes for people recovering from mental and substance abuse disorders. This would give local governments the power to impose ANY limitation on the occupancy of these facilities.
• Require that individuals complete every possible zoning appeal and state and local administrative process before seeking protection from federal courts under the FHA. This would overcomplicate the legal process and force individuals with legitimate housing complaints to spend extensive time and money before seeking federal court intervention to protect their rights under the FHA.

Oppose H.R. 3206 in the House Judiciary Committee and on the House Floor.