HUD Announces Protections for LGBTQ People Seeking Housing

The U.S Department of Housing and Urban Development announced Thursday, Feb. 11 they will use the Fair Housing Act to prohibit discrimination on the basis of sexual orientation. Across the country, it is now illegal to turn away people from housing, including rentals, because they are queer.

This comes after Joe Biden signed Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, which directed agencies in the executive branch to implement ways to combat discrimination against LGTBQ people.

“Housing discrimination on the basis of sexual orientation and gender identity demands urgent enforcement action,” said Jeanine M. Worden, acting assistant secretary of HUD’s Office of Fair Housing and Equal Opportunity. “That is why HUD, under the Biden administration, will fully enforce the Fair Housing Act to prohibit discrimination on the basis of gender identity or sexual orientation. Every person should be able to secure a roof over their head free from discrimination, and the action we are taking today will move us closer to that goal.”

Studies show that same-gender couples and people who are transgender face higher rates of discrimination than those who are cisgender. Over the past year, HUD received 197 claims of discrimination of those in the LGBTQ community. Queer individuals, especially those who are transgender, also face significantly higher rates of homelessness than heterosexuals. In the 2015 Transgender Survey, almost a quarter of respondents replied that they had faced discrimination over the past year while searching for housing. However, up until now, HUD has not included the LGBTQ community in its enforcement of the Fair Housing Act.

Last year in Bostock v. Clayton County, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964, which prevents sex discrimination, applied to LGBTQ individuals in the workplace. The historic 6-3 decision made it illegal for employers to fire employees based on their sexual identity. Biden’s executive order sought to extend these protections throughout federal executive agencies. HUD has been the first agency to respond to Biden’s order and advocates hope other agencies will soon follow.

LGBTQ advocacy groups praised the announcement, which comes following the Trump administration’s efforts to weaken protections for those seeking housing.

“This announcement implementing the Supreme Court’s Bostock ruling and applying it to the Fair Housing Act will make a huge impact on the lives of LGBTQ people, particularly transgender people and LGBTQ people of color who face disproportionate rates of discrimination.” said Alphonso David, president of the Human Rights Campaign.

Starting immediately, HUD will start investigating previously dormant claims of housing discrimination against LGBTQ individuals. People who believe they have experienced housing discrimination can file a complaint with HUD by calling (800) 669-9777 or submit a complaint online at hud.gov/fairhousing.

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