The U. S. Department of Housing and Urban Development has taken one of the final steps in adopting new regulations to alleviate discrimination against LGBTs in housing and lending.
HUD added the new rule to the Federal Register this week and it will be finalized within one month.
U.S. Fair Housing and Equal Opportunity Assistant Secretary John Trasviña will be in Philadelphia Feb. 3 to meet with community leaders for an LGBT Housing Roundtable at the William Way LGBT Community Center. They will discuss the new rule and other aspects of fair housing for the LGBT community.
The regulations were first announced in January 2011 and were subject to a public-comment period.
“The purpose of this was to ensure that our core programs are open to all eligible individuals,” Trasviña said on Monday. “And as a housing agency, it’s important not only that our own programs don’t involve discrimination, but that our policies and programs can serve as a model for equal housing opportunities.”
Among the stipulations in the rule is a “general-access provision” that mandates HUD-assisted or -insured programs are available to applicants or owners regardless of actual or perceived sexual orientation, gender identity or marital status. This provision extends to HUD’s rental-assistance and homeownership programs, including the Federal Housing Administration mortgage-insurance, community-development and public- and assisted-housing programs.
The rule additionally clarifies the definition of “family” to prohibit discrimination based on actual or perceived sexual orientation, gender identity or marital status, and prohibits owners and operators of HUD-assisted or -insured programs from asking about an applicant’s sexual orientation, gender identity or marital status to determine eligibility. Trasviña noted, however, that this does not prohibit an applicant from voluntarily disclosing that status.
Finally, the regulations add actual or perceived sexual orientation or gender identity as classes protected from discrimination in FHA-insured mortgage financing.
Trasviña noted that about one-third of homebuyers in the nation are served by FHA lenders, making this last element “critically important to America’s families.”
The regulations apply to religious institutions that participate in HUD programs, Trasviña said.
“Our HUD programs and housing policies must be open to all people irrespective of sexual orientation, gender identity or marital status,” he added. “This rule builds upon the other work this administration has done to make sure there is equal access to housing programs.”
Last year, HUD announced it would treat discrimination based on gender noncomformity as sex discrimination under the Fair Housing Act, and also undertook the first-ever national study of housing discrimination against LGBTs.
HUD Secretary Shaun Donovan announced the new regulations at the National Conference on LGBT Equality — Creating Change last weekend, and noted the changes reflect a push for LGBT equality throughout the federal government.
“The Obama administration has viewed the fight for equality on behalf of the LGBT community as a priority, and I’m proud that HUD has been a leader in that fight,” he said. “With this historic rule, the administration is saying you cannot use taxpayer dollars to prevent Americans from choosing where they want to live on the basis of sexual orientation or gender identity, ensuring that HUD’s housing programs are open not to some, not to most, but to all.”
This month, all HUD staff, as well as other stakeholders involved in HUD-assisted or insured programs, will receive training and guidance on the new regulations.
Trasviña also encouraged LGBTs who experience discrimination in the housing process to contact HUD.
For more information, email lgbtfairhousing@hud.gov.
Jen Colletta can be reached at jen@epgn.com.
