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HUD LGBT Rule:    Equal Access to Housing in HUD ProgramsRegardless of Sexual Orientation or Gender Identity
What is LGBT?• “LGBT” refers to people who are Lesbian, Gay,  Bisexual, or Transgender.• Sexual orientation, gender identi...
LGBT Housing Instability and Discrimination-Michigan study: disparate treatment based on sexualorientation in 32 out of 12...
Overview of LGBT Rule•   Definition of sexual orientation and gender identity.•   Addition of general equal access provisi...
Legal Authority• Section 2 of the Housing Act of 1949• Section 7(d) of the HUD Act• Section 3 of the U.S. Housing Act of 1...
LGBT Rule Definitions• Sexual orientation – homosexuality,  heterosexuality, or bisexuality.• Gender identity – actual or ...
1) General Equal Access Provision:   Housing assisted by HUD or insured by FHA   shall be made available without regard to...
ExampleA gay man applies for an apartment in a building thatwas recently renovated with HUD HOME funds. Theapplicant lists...
ExampleA single woman lives alone in a one-bedroomapartment in public housing. The building managerruns into her at the co...
2) Clarifies definition of “family” (Section  5.403) and “household” (Section 570.3) with  LGBT inclusive language. -Famil...
- Clarification of family is key because family identifies  who is eligible to participate in a HUD program.- Clarificatio...
3) Prohibits inquiries of an applicant or  occupant’s sexual orientation or gender  identity for the purpose of determinin...
- does not prohibit any individual from voluntarily self-  identifying sexual orientation or gender identity.- does not pr...
Finally, the rule does not prohibit voluntary andanonymous reporting of sexual orientation or genderidentity pursuant to s...
ExampleA petite woman walks into a rental office at a HUD-assistedapartment building. She is wearing traditionally masculi...
ExampleA woman comes to a HUD-funded shelter seeking services anddiscloses that she is transgender. The intake coordinator...
4) Prohibit FHA-approved lenders from basing  eligibility determinations for FHA-insured  loans on actual or perceived sex...
ExampleA loan applicant applies in person for an FHA-insured loan with aprivate bank. She brings another woman with her. H...
The Rule and the Fair Housing ActThe Fair Housing Act does not specifically includesexual orientation and gender identity ...
Rule violation, or Fair Housing Act violation?An applicant applies for an apartment at a building that receivesHUD-assista...
Rule Enforcement• Contact local HUD program office to allege  violation of rule requirement (  www.hud.gov/localoffices)• ...
More Informationwww.hud.gov/lgbthousingdiscrimination     LGBTFairhousing@hud.gov                                        22
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Kenneth Carroll | HUD LGBT Rule

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Kenneth Carroll | HUD LGBT Rule

  1. 1. HUD LGBT Rule: Equal Access to Housing in HUD ProgramsRegardless of Sexual Orientation or Gender Identity
  2. 2. What is LGBT?• “LGBT” refers to people who are Lesbian, Gay, Bisexual, or Transgender.• Sexual orientation, gender identity, and transgender are distinct terms. 2
  3. 3. LGBT Housing Instability and Discrimination-Michigan study: disparate treatment based on sexualorientation in 32 out of 120 fair housing tests (www.fhcmichigan.org/images/Arcus_web1.pdf)-Injustice at Every Turn (survey of 6,450 transgenderpersons): 19% refused housing because of gender identityand 19% homeless at some point because of gender identity(www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf) 3
  4. 4. Overview of LGBT Rule• Definition of sexual orientation and gender identity.• Addition of general equal access provision.• Clarification of HUD “family” definition.• Prohibition on inquiries in certain contexts.• Addition of sexual orientation and gender identity to existing FHA equal access provision. 4
  5. 5. Legal Authority• Section 2 of the Housing Act of 1949• Section 7(d) of the HUD Act• Section 3 of the U.S. Housing Act of 1937 5
  6. 6. LGBT Rule Definitions• Sexual orientation – homosexuality, heterosexuality, or bisexuality.• Gender identity – actual or perceived gender-related characteristics. 6
  7. 7. 1) General Equal Access Provision: Housing assisted by HUD or insured by FHA shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. 24 CFR Section 5.105 (a)(2). 7
  8. 8. ExampleA gay man applies for an apartment in a building thatwas recently renovated with HUD HOME funds. Theapplicant lists his same sex partner as his spouse andco-tenant. Both men are income-eligible and have nocriminal history. The building manager denies theapplication and says gay men are not welcome theresince there are families with children in the building. 8
  9. 9. ExampleA single woman lives alone in a one-bedroomapartment in public housing. The building managerruns into her at the corner store and sees that she isholding hands with another woman. The next day, thebuilding manager tells the tenant that she will beevicted for immoral behavior. 9
  10. 10. 2) Clarifies definition of “family” (Section 5.403) and “household” (Section 570.3) with LGBT inclusive language. -Family includes persons regardless of actual or perceived sexual orientation, gender identity, or marital status. -Section 8, public housing, FHA, Community Development Block Grants, 202/811 10
  11. 11. - Clarification of family is key because family identifies who is eligible to participate in a HUD program.- Clarification has no impact on other program eligibility requirements (e.g., income qualification, annual certification, family members named on lease). 11
  12. 12. 3) Prohibits inquiries of an applicant or occupant’s sexual orientation or gender identity for the purpose of determining eligibility or otherwise making housing available. 24 CFR Section 5.105. -Broad coverage: Owners or administrators of HUD- assisted or insured housing, approved lenders in an FHA mortgage insurance program, and any (or any other) recipient or sub-recipient of HUD funds. 12
  13. 13. - does not prohibit any individual from voluntarily self- identifying sexual orientation or gender identity.- does not prohibit lawful inquiries of an applicant or occupant’s sex where the housing provided or to be provided is temporary, emergency shelter that involves the sharing of sleeping areas or bathrooms.- does not prohibit lawful inquiries of an applicant or occupant’s sex made for the purpose of determining the number of bedrooms to which the household may be entitled. 13
  14. 14. Finally, the rule does not prohibit voluntary andanonymous reporting of sexual orientation or genderidentity pursuant to state, local, or federal datacollection requirements. 14
  15. 15. ExampleA petite woman walks into a rental office at a HUD-assistedapartment building. She is wearing traditionally masculineclothing. The rental agent asks “Are you a lesbian or atransgender or something?” The agent then says that she isworried that other tenants may harass or harm the womanbased on her choice of dress and “lifestyle.” 15
  16. 16. ExampleA woman comes to a HUD-funded shelter seeking services anddiscloses that she is transgender. The intake coordinator at theshelter informs her that the shelter does not serve transgenderindividuals and turns her away. 16
  17. 17. 4) Prohibit FHA-approved lenders from basing eligibility determinations for FHA-insured loans on actual or perceived sexual orientation or gender identity. 24 CFR Section 203.33. -Prior regulation listed race, color, religion, sex, national origin, familial status, handicap, marital status, location of property, and source of income as prohibited characteristics to consider. 17
  18. 18. ExampleA loan applicant applies in person for an FHA-insured loan with aprivate bank. She brings another woman with her. Hercompanion puts her arm around the loan applicant during theprocess of filling out the application forms. The loan officerbelieves that the women are a lesbian couple. The loan is deniedbecause of the bank employee’s perception of the applicant asa lesbian. 18
  19. 19. The Rule and the Fair Housing ActThe Fair Housing Act does not specifically includesexual orientation and gender identity as prohibitedbases. However, if the rule is violated, a LBGT person’sexperience with sexual orientation or gender identityhousing discrimination may still be covered by the FairHousing Act. 19
  20. 20. Rule violation, or Fair Housing Act violation?An applicant applies for an apartment at a building that receivesHUD-assistance. When the applicant enters the rental office, sheis wearing a pair of woman’s shoes and a skirt. The leasing agentbelieves that the applicant is biologically male and denies theapplicant an apartment because he believes she is transgender. 20
  21. 21. Rule Enforcement• Contact local HUD program office to allege violation of rule requirement ( www.hud.gov/localoffices)• Also, call HUD’s housing discrimination hotline at 800-669-9777 to inquire about filing a Fair Housing Act complaint. 21
  22. 22. More Informationwww.hud.gov/lgbthousingdiscrimination LGBTFairhousing@hud.gov 22

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