HUD clarifies LGBT housing discrimination protections

by Dana Rudolph

	HUD Secretary Shaun Donovan

The U.S. Department of Housing and Urban Development
last month announced new guidance to help LGBT people
who encounter discrimination in housing. Like a recent
move by the Department of Labor, the HUD announcement
is more of a clarification than a new policy – but two LGBT
leaders familiar with housing issues say the move is
"very significant" and "much needed."

The new guidance, announced July 1 by HUD
Secretary Shaun Donovan at the agency's LGBT
Pride Month celebration, states that, although the
Fair Housing Act does not explicitly cover sexual
orientation- or gender identity-based housing
 discrimination, such discrimination may be covered
by the FHA in other ways. For example, the
guidance explains, gender identity discrimination
 may be seen as gender discrimination,
and discrimination against a gay man because of
fear he will spread HIV/AIDS may constitute
illegal discrimination on the basis of a perceived
 disability, HIV/AIDS.

The HUD guidance also instructs staff to inform
individuals about state and local LGBT protections
that may apply to them. It notes that approximately
20 states, the District of Columbia, and over 60 cities,
 towns, and counties do specifically prohibit discrimination
 against LGBT individuals. HUD will retain jurisdiction over
complaints filed by LGBT individuals or families as appropriate,
but will "jointly investigate or refer matters to those state, district,
and local governments with other legal protections."

Rea Carey, executive director of the National Gay and Lesbian Task Force, 

said the reforms are "much-needed ... especially in the context of this rocky 

economic climate that has already left so many people fearful of losing the 

roofs over their heads."

"LGBT people remain particularly vulnerable in seeking or retaining housing 

due to widespread bias, discrimination and a lack of housing protections," 

said Carey. "Explicitly including LGBT people and our families in housing

 policies in order to better protect them and ensure fairness marks a proper 

governmental response and step toward rectifying a long-standing inequity."

Mara Keisling, executive director of the National Center for
Transgender Equality, 

called HUD's announcement "very significant." It should be common sense 

that discrimination on the basis of gender identity is prohibited by the FHA's 

ban on gender-based discrimination, she said, but it's not.

A national study by NGLTF and NCTE last year found that 11
 percent of the 

more than 6,400 transgender people surveyed had been evicted
and 19 percent

 had become homeless because of their gender identity.
(Keisling noted, however,

 that some of the cases of homelessness could have been from
 loss of jobs through

 employment discrimination, not housing discrimination alone.)

Keisling added that, while HUD went as far as it could to clarify
protections 

under existing law, additional legislation is still needed because
of the additional

 clout an explicitly LGBT-inclusive federal nondiscrimination law carries.

The original Fair Housing Act was enacted in 1968 in response
 to widespread housing

 discrimination against people of color. At first, it prohibited
 discrimination based on race, 

color, religion and national origin. It was later amended to
add prohibitions on

 discrimination based on sex, disability, and familial status.
Individuals seeking 

redress under the FHA may bring a lawsuit in federal district
court or file an 

administrative complaint with HUD.

There are currently three bills pending in the House –
introduced by Democratic 

Representatives Jerrold Nadler (New York), Joe Sestak
 (Pennsylvania), and 

Edolphus Towns (D-New York) – that would amend the FHA
specifically to 

prohibit discrimination in housing on the basis of sexual orientation
or gender identity.

Nadler, who chairs the Subcommittee on the Constitution, Civil Rights and

 Civil Liberties, held a hearing on FHA revisions in March, at which NGLTF's 

Carey testified. His LGBT housing non-discrimination bill has only
 two co-sponsors, 

though; Sestak and Towns's have none, making it seem unlikely
that any of the bills 

will move before the end of this session of Congress in the fall.

Despite a lack of legislative change, however, HUD has taken
several other steps 

under President Barack Obama to address sexual orientation- and gender 

identity-based discrimination.

Donovan has proposed policy changes that would stop
 discrimination on the 

basis of sexual orientation or gender identity in HUD's core
housing programs,

 require those who participate in HUD programs to comply with local 

anti-discrimination laws that cover sexual orientation and gender identity, 

and end mortgage loan discrimination based on sexual orientation

 and gender identity. The policies are being drafted and must go through

 a period of public comment before being enacted.

HUD has also commissioned the first-ever national study of discrimination

 against LGBT people in the rental and sale of housing, and is currently 

seeking public comment at http://www.hud.gov to help design the study. 

One of those hearings was held in San Francisco earlier this year.

Like HUD, the Department of Labor recently issued an LGBT-related

 policy clarification, stating on June 22 that the Family and Medical Leave Act

 allows an employee to take unpaid leave to care for the legal children of the

 employee's same-sex partner.

Keisling said she has heard some within the LGBT community
call such moves 

by the Obama administration "token things," but she believes they
reflect a deeper change.

"Throughout the federal government now, they're really taking a
look to make sure 

all the things they do are fair for all people. ... These are really
huge decisions and 

huge advancements. They are pieces we want."

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