Equal Access for LGBT Individuals
Lesbian, Gay, Bisexual, and Transgender (LGBT) persons still face discrimination in housing on the basis of sexual orientation, gender identity, or gender expression. While some states and localities prohibit discrimination on these bases, persons in other areas may not enjoy the same legal protections. However, under certain circumstances, federal law may protect LGBT persons from housing discrimination. For example, to the extent a person is discriminated against based on sex stereotyping (e.g., a man should dress in a certain way), that person may have a sex discrimination claim under the Fair Housing Act.
During the Obama Administration, HUD issued the Equal Access Rule, which prohibited discrimination on the basis of sexual orientation, gender identity, and marital status in HUD-insured and –assisted housing. HUD also amended the Equal Access Rule to specifically address discrimination on the basis of gender identity in HUD Community Planning & Development (CPD) programs, which includes housing such as shelters.
- HUD, Equal Access to Housing in HUD’s Native American and Native Hawaiian Programs – Regardless of Sexual Orientation or Gender Identity (2016)
- HUD, Equal Access in Accordance With an Individual’s Gender Identity in Community Planning and Development Programs, Final Rule (2016)
- HUD, Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity, Final Rule (2012)
- USDA, Nondiscrimination in Programs or Activities Conducted by the United States Department of Agriculture, Final Rule (2014)
- Public Housing Authorities
HUD, Notice PIH 2014-20 (HA), Program Eligibility Regardless of Sexual Orientation, Gender Identity, or Marital Status as Required by HUD’s Equal Access Rule (2014)
- HUD Multifamily Program Owners
HUD, Notice H 2015-06, Program Eligibility in Multifamily Assisted and Insured Housing Programs in Accordance with HUD’s Equal Access Rule (2015)
HUD, Notice H 2015-01, Notice of Program Eligibility for HUD Assisted and Insured Housing Programs for All People Regardless of Sexual Orientation, Gender Identity, or Marital Status as Required by HUD’s Equal Access Rule (2015)
- HUD Community Planning & Development Programs
HUD, Notice CPD 15-02, Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities (2015)
- HUD LGBT Housing Discrimination Website