Sexual Orientation, Gender Identity Discrimination in Housing
From early 2021, HUD began interpreting the Fair Housing Act to ban discrimination based on these protected classes. What does that mean for your multifamily property?
On Jan. 20, 2021, President Joe Biden’s first day in office, he issued an executive order calling for all federal agencies to interpret protections against sex-based discrimination as including discrimination on the basis of sexual orientation, gender identity, and gender expression. As a result, the Department of Housing and Urban Development issued an announcement in February 2021 that it would update protections granted under the Fair Housing Act.
This means, in effect, that most kinds of housing discrimination on the basis of sexual orientation or gender identify, whether subtle or blatant, intentional or unintentional, are now unambiguously illegal.
What Does This Update to the Fair Housing Act Mean?
If your property is in one of the 31 states (plus the District of Columbia) which already had legal protections or interpretations in place prior to this shift, this means little will change. Similarly, if your multifamily asset is an affordable housing community receiving federal funding from HUD, similar measures have been in place since early 2012. Even so, it is always beneficial to ensure your housing practices aren’t improperly excluding or impeding members of the LGBTQ+ community or any other protected class.
If you own or operate a market-rate property in any state without these protections, it would be useful to conduct an audit of your housing practices to ensure you are not unintentionally impacting members of the LGBTQ+ community.
Special care should be taken during applicant screening processes, in particular. Are you classifying a family composed of members of the LGBTQ+ community appropriately, for example? They are entitled to the same treatment as any other family, though many landlords may be unaware.
Prohibited Actions under the updated regulations:
The result of any operations audit at your property should look to ensure that your community is not doing any of the following actions based on sexual orientation, gender identity, or gender expression:
Refusing to rent
Refusing to negotiate rental rates
Setting different terms or rental rates
Providing different information about housing availability
Providing different levels of service
Finally, all landlords should understand that it is expressly against the law to take any action to interfere with, threaten, or intimidate any renter or prospective tenant filing a Fair Housing Act-related complaint.
Related Questions
What are the legal protections for LGBTQ individuals in housing?
The Fair Housing Act prohibits discrimination in housing based on sexual orientation, gender identity, and gender expression. This means that landlords and property owners cannot refuse to rent to, set different terms or rental rates for, or provide different levels of service to individuals based on their sexual orientation, gender identity, or gender expression.
If your property is in one of the 31 states (plus the District of Columbia) which already had legal protections or interpretations in place prior to this shift, this means little will change. Similarly, if your multifamily asset is an affordable housing community receiving federal funding from HUD, similar measures have been in place since early 2012.
It is always beneficial to ensure your housing practices aren’t improperly excluding or impeding members of the LGBTQ+ community or any other protected class. Special care should be taken during applicant screening processes, in particular. Are you classifying a family composed of members of the LGBTQ+ community appropriately, for example? They are entitled to the same treatment as any other family, though many landlords may be unaware.
The result of any operations audit at your property should look to ensure that your community is not doing any of the following actions based on sexual orientation, gender identity, or gender expression:
- Refusing to rent
- Refusing to negotiate rental rates
- Setting different terms or rental rates
- Providing different information about housing availability
- Providing different levels of service
Finally, all landlords should understand that it is expressly against the law to take any action to interfere with, threaten, or intimidate any renter or prospective tenant filing a Fair Housing Act-related complaint.
What are the consequences for landlords who discriminate against LGBTQ individuals?
The consequences for landlords who discriminate against LGBTQ individuals can be severe. According to the U.S. Department of Housing and Urban Development, landlords who violate the Fair Housing Act can be subject to civil penalties of up to $16,000 for a first offense and up to $65,000 for subsequent offenses. In addition, landlords may be subject to criminal penalties of up to $250,000 and/or up to one year in prison.
What are the best practices for landlords to ensure LGBTQ individuals are treated fairly?
The best practices for landlords to ensure LGBTQ individuals are treated fairly include conducting an audit of housing practices to ensure they are not unintentionally impacting members of the LGBTQ+ community, classifying families composed of members of the LGBTQ+ community appropriately, and refraining from any of the following actions based on sexual orientation, gender identity, or gender expression:
- Refusing to rent
- Refusing to negotiate rental rates
- Setting different terms or rental rates
- Providing different information about housing availability
- Providing different levels of service
It is also important to understand that it is against the law to take any action to interfere with, threaten, or intimidate any renter or prospective tenant filing a Fair Housing Act-related complaint. For more information, please visit https://www.lgbtmap.org/equality-maps/non_discrimination_laws, /hud-loans-blog/what-is-the-housing-choice-voucher-program, and https://www.hud.gov/program_offices/fair_housing_equal_opp/housing_discrimination_and_persons_identifying_lgbtq.
Are there any special considerations for LGBTQ individuals when applying for housing?
Yes, there are special considerations for LGBTQ individuals when applying for housing. According to HUD, landlords should take special care during applicant screening processes to ensure that they are classifying a family composed of members of the LGBTQ+ community appropriately. Additionally, landlords should ensure that they are not doing any of the following actions based on sexual orientation, gender identity, or gender expression, as outlined by Rentec Direct:
- Refusing to rent
- Refusing to negotiate rental rates
- Setting different terms or rental rates
- Providing different information about housing availability
- Providing different levels of service
Finally, it is against the law to take any action to interfere with, threaten, or intimidate any renter or prospective tenant filing a Fair Housing Act-related complaint.
Are there any resources available to help LGBTQ individuals find safe and affordable housing?
Yes, there are resources available to help LGBTQ individuals find safe and affordable housing. The U.S. Department of Housing and Urban Development (HUD) provides resources and information on housing discrimination and persons identifying as LGBTQ. Additionally, the LGBTQ Map provides a list of states that have legal protections or interpretations in place for LGBTQ individuals. Finally, the HUD website also provides information on the Housing Choice Voucher Program, which provides assistance to low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market.
What are the best ways to support LGBTQ individuals in the housing market?
The best way to support LGBTQ individuals in the housing market is to ensure that your housing practices are not improperly excluding or impeding members of the LGBTQ+ community or any other protected class. This includes conducting an audit of your housing practices to ensure you are not unintentionally impacting members of the LGBTQ+ community, classifying families composed of members of the LGBTQ+ community appropriately, and avoiding any of the prohibited actions listed in the Fair Housing Act. Additionally, landlords should be aware of the legal protections in place for members of the LGBTQ+ community in their state.