The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability, and familial status (i.e., presence of children under the age of 18 in the household or pregnancy). The Fair Housing Act does not specifically include sexual orientation and gender identity as prohibited bases. However, discrimination against a lesbian, gay, bisexual, or transgender (LGBT) person may be covered by the Fair Housing Act if it is based on non-conformity with gender stereotypes.  For example, if a housing provider refuses to rent to an LGBT person because he believes the person acts in a manner that does not conform to his notion of how a person of a particular sex should act, the person may pursue the matter as a violation of the Fair Housing Act’s prohibition of sex.

Housing discrimination against people with HIV/AIDS and people perceived to have HIV/AIDS is also illegal under the Fair Housing Act’s prohibition of disability discrimination.  See Housing Discrimination because of HIV/AIDS is Illegal.

In addition, housing providers that receive HUD funding or have loans insured by the Federal Housing Administration (FHA), as well as lenders insured by FHA, are subject to HUD’s Equal Access Rule, which requires equal access to HUD programs without regard to a person’s actual or perceived sexual orientation, gender identity, or marital status.

EXAMPLES:

•       A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS. This situation constitutes illegal disability discrimination under the Fair Housing Act because the man is perceived to have a disability, HIV/AIDS.

•       A transgender woman is asked by the owner of her apartment building not to dress in women’s clothing in the common areas of the property. This is a violation of the Fair Housing Act’s prohibition of sex discrimination.

•       A property manager refuses to rent an apartment to a prospective tenant who is transgender. If the housing denial is because of the prospective tenant's non-conformity with gender stereotypes, it constitutes illegal discrimination on the basis of sex under the Fair Housing Act.

•       A female prospective tenant alleges that a landlord refused to rent to her because she wears masculine clothes and engages in other physical expressions that are stereotypically male.  If true, this may violate the Fair Housing Act’s prohibition of discrimination based on sex.  

•       An underwriter for an FHA-insured lender is reviewing a loan application by two males; both incomes are being used as the basis for the applicants’ credit worthiness.  The underwriter assumes the applicants are a gay couple and, as a result, denies the application despite the fact that the applicants meet all requirements for the loan.  This violates HUD’s Equal Access Rule, which prohibits FHA-insured lenders from taking actual or perceived sexual orientation into consideration in determining adequacy of an applicant’s income.

If you believe you have experienced (or are about to experience) housing discrimination because of race, color, religion, national origin, sex, familial status or disability, you may contact HUD's Office of Fair Housing and Equal Opportunity for help at (800) 669-9777. You may also file a housing discrimination complaint online.

Additionally you may contact your local HUD officefor assistance with alleged violations of HUD’s Equal Access Rule and other program regulations.

Finally, many state, city, and county laws specifically include sexual orientation and gender identity as protected classes.  You may wish to contact your state or local human rights agency to determine coverage under those laws.

 

		An Estimate of Housing Discrimination Against Same-Sex Couples Proudly Opening the Doors to Fair Housing: HUD Addresses LGBT Housing Discrimination – article from  New Jersey Lawyer Magazine