June 18, 2015
During the month of June, the FHA/HUD official site has posted several things about Fair Housing rules that pertain to members of the LGBT community. Did you know that FHA and HUD rules require equal access for all financially qualified applicants and that you cannot be discriminated against in the housing process for non-financial reasons, including identifying as LGBT?
And that’s not limited to FHA loans or refinance loans. According to the HUDdle blog at HUD.gov,” In 2010, HUD formally adopted the principle that gender identity discrimination is sex discrimination under the Fair Housing Act. This means that when HUD receives a fair housing complaint that alleges discrimination because someone does not conform to gender stereotypes, HUD now begins a formal investigation under the Fair Housing Act.”
Since issuing this guidance, the HUD official site states, “HUD and our state and local partners in fair housing enforcement have investigated more than 150 discrimination complaints under this authority.”
In 2012, HUD published what is known as a “final rule” known as “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity”. For any housing that is assisted by HUD or subject to a mortgage insured by the Federal Housing Administration (FHA), services must be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.
“The rule also prohibits recipients and sub-recipients of HUD funding, including owners and administrators of HUD-assisted and FHA-insured housing, from inquiring about the sexual orientation or gender identity of a housing applicant or occupant for the purposes of determining eligibility or otherwise making the housing available”.
These are important steps forward, and as the FHA/HUD official site states, “HUD is proud of its efforts to level the playing field for LGBTQ Americans, but we know that more needs to be done. No individual should be denied housing because of sexual orientation or gender identity, or because of who they choose to love.”
You can read the entire text of the 2012 final rule on the HUD official site, and if you need to report suspected violations of the Fair Housing Act, you can contact the FHA/HUD toll-free at (800)669-9777.
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