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Know Your Rights: Fair Housing Rights for LGBTQI+ Individuals

Introduction

 

Executive Order (EO) 14075 directed HUD to implement strategies to prevent and address LGBTQI+ homelessness and housing instability to help ensure that every person—regardless of who they are or whom they love—has the opportunity to live freely and with dignity.

In support of EO 14075, HUD developed a series of LGBTQI+ Public Service Announcements (PSAs).

 

Fair Housing Act Protections from Sex Discrimination Include Sexual Orientation and Gender Identity

 

  • The Fair Housing Act prohibits housing and housing-related discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability.
  • A person who has experienced (or is about to experience) discrimination in housing because of sex, including their actual or perceived sexual orientation or gender identity, may report housing discrimination with HUD. HUD will investigate complaints alleging violations of the Fair Housing Act on this basis.
  • On June 15, 2020, the Supreme Court issued a decision in Bostock v. Clayton Cty., 140 S. Ct. 1731 (2020), which held that Title VII’s prohibition against sex discrimination includes sexual orientation and gender identity. Following that decision on January 20, 2021, President Biden issued Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Pursuant to that Executive Order, HUD’s Office of Fair Housing and Equal Opportunity issued a memorandum on February 11, 2021, "Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act," which addresses discrimination because of actual or perceived sexual orientation and gender identity under the Fair Housing Act. Where reasonable cause exists to believe that discrimination because of sex (including actual or perceived sexual orientation or gender identity) has occurred, FHEO will make a determination of reasonable cause and refer the case to HUD’s Office of General Counsel for charge. If the discrimination occurs in conjunction with discrimination because of another protected characteristic, all such bases will be investigated and charged where reasonable cause exists. Similarly, HUD will conduct all activities involving the application, interpretation, and enforcement of the Fair Housing Act’s prohibition on sex discrimination consistent with the Bostock decision.

 

Videos

 

How to Report Housing Discrimination

 

If you believe your rights may have been violated, we encourage you to report housing discrimination.

Because there are time limits on when an allegation can be filed with HUD after an alleged violation, you should report housing discrimination as soon as possible. When reporting housing discrimination, please provide as much information as possible, including:

  • Your name and address
  • The name and address of the person(s) or organization your allegation is against
  • The address or other identification of the housing or program involved
  • A short description of the event(s) that cause you to believe your rights were violated; and
  • The date(s) of the alleged violation
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