Resources on housing discrimination and persons identifying as LGBTQ

Persons who identify as LGBTQ who believe they have experienced housing discrimination may be able to pursue a claim under all or some of the following:

• The Fair Housing Act, if they have experienced discrimination under one of the Act’s seven protected classes, such as sex or disability;
• HUD’s Equal Access Rule; or
• State and local anti-discrimination laws that specifically include sexual orientation and/or gender identity as protected classes.

Fair Housing Act

The Fair Housing Act prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability. A person who identifies as LGBTQ who has experienced (or is about to experience) discrimination under any of these bases may file a complaint with HUD. HUD is committed to investigating violations of the Fair Housing Act against all individuals regardless of their sexual orientation or gender identity.

Examples:

• 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 may violate the Fair Housing Act’s prohibition against sex discrimination, which includes discrimination based on non-conformity with gender stereotypes.
• A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS. This may violate the Fair Housing Act’s prohibition against disability discrimination, which includes discrimination against people who have or are perceived to have HIV/AIDS.

HUD’s Equal Access Rule

HUD’s Equal Access Rule requires equal access to HUD programs without regard to a person’s actual or perceived sexual orientation, gender identity, or marital status. Housing providers that receive HUD funding or have HUD-insured loans are subject to the Rules. A person who identifies as LGBTQ who has experienced (or is about to experience) discrimination by a HUD-funded or FHA-insured housing provider or lender may report it to HUD by either filing a complaint or by contacting a local FHEO office.

Example:

• 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 may violate 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.

State and Local Laws Prohibiting Discrimination on the Basis of Sexual Orientation and/or Gender Identity

Many state and local laws prohibiting housing discrimination specifically include sexual orientation and/or gender identity as protected classes. A state or local human rights agency may be able to assist with determining coverage under those laws.

Additional Resources

• HUD LGBTQ Resources
• Equal Access Poster
• Gender Stereotypes Poster

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