Housing Discrimination Laws Protecting LGBTQ+ Individuals
LGBTQ+ individuals and couples who try to buy or rent a home often face obstacles and discrimination. Sometimes discrimination in this context is not obvious. For example, you might be told that your lease has ended prematurely, get an eviction notice for no evident reason, or be told that your rental application was denied. However, all of these actions are illegal if they are based on protected traits, which include sexual orientation and gender identity.
The federal Fair Housing Act (FHA) protects against discrimination based on color, race, national origin, sex, religion, disability, and familial status. Although it does not explicitly include sexual orientation or gender identity as a protected trait, the United States Department of Housing and Urban Development (HUD) announced in 2021 that housing discrimination based on sexual orientation and gender identity are types of sex discrimination that the FHA prohibits. This finding paralleled a decision by the U.S. Supreme Court that Title VII of the Civil Rights Act prohibits sexual orientation discrimination and gender identity discrimination in the workplace as forms of prohibited sex discrimination. It also built on an executive order by President Joseph Biden stating that all laws that prohibit sex discrimination should be interpreted to prohibit discrimination based on sexual orientation or gender identity, even if these terms are not explicitly included.
HUD has also published an Equal Access rule, which prohibits sexual orientation or gender identity discrimination in HUD-funded or HUD-insured housing, including Public Housing Authorities and HUD-funded shelters. In addition, it issued a memorandum on sex stereotyping in housing that remains valid today. As in employment discrimination law, housing discrimination involving sex stereotyping means a situation in which a housing provider makes an adverse decision against a consumer due to their divergence from the appearance or behaviors traditionally associated with their gender.
HUD has announced that it will investigate complaints of housing discrimination based on sexual orientation or gender identity. Time limits apply to these complaints, so a consumer should file a complaint promptly. They should include the identity of the allegedly discriminatory party and the housing at issue, as well as the events that allegedly violated the FHA and when they happened. The FHA makes it illegal to retaliate against someone for reporting an apparent violation or assisting in an investigation of a violation.
State and Local Laws
Many states also have laws that expressly include gender identity and sexual orientation as prohibited bases for discrimination. Some, such as Wisconsin, New York, and New Hampshire, include a prohibition against discrimination on the basis of sexual orientation, but not gender identity. There are also some city ordinances and county laws that specifically address LGBTQ+ discrimination. A state or local human rights agency may be able to advise you whether you are covered under state or local laws with regard to housing discrimination. You can also consult an attorney for personalized guidance in a specific situation.