Fair Housing to Include Sexual Orientation

Fair housing’ to include sexual orientation
WASHINGTON – Jan. 21, 2011 – The U.S. Department of Housing and Urban Development (HUD) proposed new regulations intended to ensure that its core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity.
“This is a fundamental issue of fairness,” says HUD Secretary Shaun Donovan. “We have a responsibility to make certain that public programs are open to all Americans. With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”
HUD is currently seeking public comment on a number of proposed areas including:
• Prohibiting lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.
FHA’s current regulations protect some classes, saying a loan decision “shall be made in a uniform manner without regard to” specified prohibited grounds. The proposed rule would add actual or perceived sexual orientation and gender identity to the prohibited grounds.

• A clarification to the term “eligible families” for HUD programs, stating that the term should not ban anyone based on marital status, sexual orientation or gender identity from participation in HUD programs.

• Prohibiting owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, from asking about sexual orientation or gender identity of an applicant. HUD is proposing to institute this policy in its rental assistance and homeownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.
Previous HUD actions
• HUD is conducting the first-ever national study of discrimination against members of the lesbian, gay, bisexual and transgender (LGBT) community in the rental and sale of housing.
• HUD currently requires discretionary fund recipients to comply with local and state non-discrimination laws that cover sexual orientation or gender identity. The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, sex, disability and familial status. Approximately 20 states, the District of Columbia and more than 150 cities, towns and counties have additional protections that specifically prohibit such discrimination against LGBT individuals.
The complete report – Equal Access to Housing in HUD Programs – Regardless of Sexual Orientation or Gender Identity – is available online in PDF format.

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