February 12, 2015
Recently we posted about the FHA/HUD announcement regarding the updates to Equal Access rules. Among the changes announced recently by the FHA and HUD are the following updates:
“A determination of eligibility for housing that is assisted by HUD or subject to a mortgage insured by the Federal Housing Administration shall be made in accordance with the eligibility requirements provided for such program by HUD, and such housing shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status”.
Additionally the FHA and HUD clarified:
“No owner or administrator of HUD-assisted or HUD-insured housing, approved lender in an FHA mortgage insurance program, or any other recipient or sub-recipient of HUD funds may inquire about the sexual orientation or gender identity of an applicant for, or occupant of, HUD-assisted or HUD-insured housing for purposes of determining eligibility or otherwise making such housing available. However, permissible inquiries into sex are permissible for temporary, emergency shelter with shared sleeping areas or bathrooms, or to determine the number of bedrooms to which a household may be entitled.”
But those two important changes aren’t the only ones. There’s an update to the FHA policy regarding family status–FHA lenders and other participating organizations must also abide by FHA standards regarding anti-discrimination practices with regard to how a family unit is identified. Under the updated guidelines:
“(a) The term “family” includes, but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:
(1)A single person, who may be an elderly person, displaced person, disabled person, near-elderly person or any other single person; or
A group of persons residing together and such group includes, but is not limited to:
(i) A family with or without children (a child who is temporarily away From the home because of placement in foster care is considered a member of the family);
(ii) An elderly family;
(iii)A near-elderly family;
(iv)A disabled family;
(v)A displaced family; and
(vi)The remaining member of a tenant family”
There are other updates, which include the definition of gender identity:
“(b) The term “gender identity” means actual or perceived gender-related characteristics.
(c) The term “sexual orientation” means homosexuality, heterosexuality or bisexuality.”
Putting these things in writing eliminates ambiguity and closes perceived loopholes in Fair Housing regulations, making it more difficult to discriminate against someone for the issues mentioned in this update, whether associated with gender identity, family status, or sexual orientation.
Do you have questions about FHA loans? Ask us in the comments section. All comments are held for moderation.
Joe Wallace has been specializing in military and personal finance topics since 1995. His work has appeared on Air Force Television News, The Pentagon Channel, ABC and a variety of print and online publications. He is a 13-year Air Force veteran and a member of the Air Force Public Affairs Alumni Association. He was Managing editor for www.valoans.com for (8) years and is currently the Associate Editor for FHANewsblog.com.
Browse by Date: