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Written by Lisa Neff, Staff writer
Jul 14, 2010
HUD Secretary Shaun Donovan
The U.S. Department of Housing and Urban Development is seeking comment on a proposed policy intended to provide assistance to LGBT individuals and their families facing housing discrimination.
The draft the policy, published in the federal register in late June, was announced by HUD Secretary Shaun Donovan in late June and described by HUD Assistant Secretary John Trasviña.
The policy instructs HUD staff to inform individuals filing discrimination complaints about discrimination based on gender identity and sexual orientation and that gender identity discrimination is covered under the federal Fair Housing Act as gender discrimination.
“Our job to prevent and combat housing discrimination is not complete without addressing 21st-century issues,” Trasviña said. “Our Fair Housing staff will work with state and local civil rights agencies to investigate and refer discrimination cases and work to combat all aspects of gender discrimination.”
The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, gender, disability and familial status.
In about 20 states and the District of Columbia, and in more than 60 cities, towns and counties across the nation, additional protections specifically prohibit discrimination against LGBT people. Under the HUD rule, the federal agency would, as necessary, retain its jurisdiction over complaints filed by LGBT individuals or families, but also jointly investigate or refer matters to those state, district and local governments with other legal protections.
HUD’s example situation involved a female prospective tenant alleging discrimination by a landlord because she wears masculine clothes and engages in other physical expressions that are stereotypically male. In that situation, the allegations may be jurisdictional under the Fair Housing Act as discrimination based on gender.
Earlier this summer, HUD also announced that it would require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect LGBT individuals.
In addition, HUD intends to propose new regulations that would clarify that the term “family” as used to describe eligible beneficiaries of HUD’s programs include otherwise eligible LGBT individuals and couples.
Last October, Donovan announced a series of measures to ensure that the agency’s core housing programs are open to all, regardless of sexual orientation or gender identity.
