hunter of justice

New HUD regulation bars housing discrimination against lgbt persons and families

The Department of Housing and Urban Development has issued its final rule prohibiting discrimination based on sexual orientation or gender identity in HUD-assisted or -financed housing. The rule also bans inquiries as to these characteristics, and specifically defines "family" to include lgbt families. The regulation will be published in the Federal Register next week, and go into effect 30 days after the date of publication. 

HUD's summary of its provisions:

• Requires owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, to make housing available without regard to the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied.  HUD will institute this policy in its rental assistance and homeownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs. 
• Prohibits lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.  FHA’s current regulations provide that a mortgage lender’s determination of the adequacy of a borrower’s income “shall be made in a uniform manner without regard to” specified prohibited grounds.  The rule will add actual or perceived sexual orientation and gender identity to the prohibited grounds to ensure FHA-approved lenders do not deny or otherwise alter the terms of mortgages on the basis of irrelevant criteria. 
• Clarifies that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, will have the opportunity to participate in HUD programs. In the majority of HUD’s rental and homeownership programs the term “family” already has a broad scope, and includes a single person and families with or without children.  HUD’s rule clarifies that otherwise eligible families may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such relationship. 
• Prohibits owners and operators of HUD-assisted housing or housing insured by HUD from asking about an applicant or occupant’s sexual orientation and gender identity for the purpose of determining eligibility or otherwise making housing available. In response to comments on the proposed rule, HUD has clarified this final rule to state that this provision does not prohibit voluntary and anonymous reporting of sexual orientation or gender identity pursuant to state, local, or federal data collection requirements. 

 

HUD promotes its lgbt anti-discrimination initiatives

A pretty impressive list in a pretty impressive place, from today on the White House blog:

In a recent survey of 6,450 transgender and gender non-conforming persons, 19 percent reported having been refused a house or an apartment because of gender identity, and 19 percent reported having been homeless because of gender identity.  Findings of a 2007 Michigan study indicate that same sex couples face bias and discriminatory treatment based on sexual orientation when trying to access rental housing. 

Recognizing these issues and utilizing its authority to promote decent housing and a suitable living environment for all, the U.S. Department of Housing and Urban Development (HUD) has taken important steps over the past two years to ensure that lesbian, gay, bisexual, and transgender (LGBT) persons have equal access to housing and HUD programs.   

• Through its notices of funding availability, HUD required recipients of approximately $3.5 billion in HUD funding to comply with state and local laws that prohibit sexual orientation and gender identity housing discrimination.
• HUD recognized that, under the Fair Housing Act prohibition of sex discrimination, it has authority to pursue complaints from LGBT persons alleging housing discrimination because of non-conformity with gender stereotypes.  HUD accepted and proceeded with enforcement efforts on 114 such complaints, about three times more than in the prior two years.
• HUD launched a webpage that includes resources for LGBT victims of housing discrimination.
• HUD initiated the first nationwide study of LGBT housing discrimination that will provide national data on the nature and extent of housing discrimination against same sex couples.
• HUD published a rule that proposes regulatory changes to further ensure LGBT equal access, including clarification that a “family,” which is the term used to define persons eligible for HUD-funded programs, includes persons regardless of sexual orientation, gender identity, or marital status.  HUD anticipates publishing the final version of this rule by the end of the year.  

To get the word out, HUD designed and implemented Live Free, a national media campaign to raise awareness about housing discrimination. Live Free includes digital videos, podcasts, Facebook postings, and print ads targeted to specific populations, including the LGBT community.  To view the LGBT Live Free ads, click here.

More needs to be done to address LGBT housing discrimination in the United States.  If you have ideas on what else HUD can do, send us an email at LGBTfairhousing@hud.gov.

HUD investigates pregnancy discrimination in mortgages

From Women's e news:

When Olivia Salvador tried to close her mortgage loan in March, she hit an unexpected snag. "My husband and I were unable to close due to my being on maternity leave," said Salvador, of Oakland, Calif. "Though I was preapproved for my loan, though I was employed and though my leave was federally protected, I was told that in the eyes of my lender, I was unemployed, and thus didn't meet the financial qualifications for my loan. We had to bargain for extra time with our seller and had to wait until after my leave to buy our home."

Complaints such as these were brought to light by the New York Times in a series of stories written by Tara Siegel Bernard in July.

In response, MomsRising, the Seattle-based advocacy group, e-mailed its one million members and received about 120 similar e-mail complaints. The organization then forwarded these to the U.S. Department of Housing and Urban Development (HUD). Now HUD is investigating whether lenders are denying mortgages to women who are pregnant or on maternity leave in violation of the Fair Housing Act of 1968 and the Equal Credit Opportunity Act of 1973.

"We've received seven formal complaints so far and anticipate fielding more," John Trasvina, HUD's assistant secretary for fair housing and equal opportunity, told Women's eNews recently. "Such reports are profoundly disturbing and require immediate action." Trasvina said press coverage by the New York Times and other publications, combined with pressure from MomsRising, spurred the investigation.

Fannie Mae and Freddie Mac--the two Washington-based, government-sponsored mortgage giants that back most conventional home loans--tightened their lending rules earlier this year. Since then, lending-rights advocates say borrowers with potential dips or gaps in income are having trouble getting mortgages. That can mean injured workers collecting disability insurance or those who have recently lost jobs or work hours.

Kristin Rowe-Finkbeiner, executive director of MomsRising, thinks pregnant women are bearing the brunt of stricter lending practices. "Tighter guidelines are affecting many mortgage applicants," she said. "But the problem is that they're affecting women who are pregnant or on maternity leave in disproportionate numbers."

HUD announces new regs to end public housing discrimination against gay families; UPDATED - news from HHS also

The Department of Housing and Urban Development announced today that it will promulgate proposed regulations (presumably soon) to end discrimination based on sexual orientation or gender identity in its housing programs, including by specifying that gay partners fall within the agency's definition of "family" for purposes of eligibility for public housing.

The proposed reg will:

• clarify that the term "family" as used to describe eligible beneficiaries of HUD public housing and Housing Choice Voucher programs include otherwise eligible lesbian, gay, bi-sexual or transgender (LGBT) individuals and couples. The Department's intent to propose new regulations will clarify family status to ensure its subsidized housing programs are available to all families, regardless of their sexual orientation or gender identity.
  
  
• require grantees and those who participate in the Department's programs to comply with local and state non-discrimination laws that cover sexual orientation or gender identity; and
  
  
• specify that any FHA-insured mortgage loan must be based on the credit-worthiness of a borrower and not on unrelated factors or characteristics such as sexual orientation or gender identity.

Like all proposed regs, this one will be published in the Federal Register and subject to public comment and possible revision before its final adoption. According to HUD, three million families participate in the public housing and voucher programs.

In addition, HUD will commission the first-ever national study of discrimination against LGBT persons in the rental and sale of housing.

This is exactly the kind of progressive regulatory step that the Administration should be taking. My hope is that, now that most departments have at least most of their political appointees in place, we will see similar moves from across the Executive Branch. Recall that the memorandum signed by the President in June gave departments 90 days to report back to OPM on ways to eliminate discrimination against gay or trans federal employees.  Well, those 90 days were up about a month ago.  So, also on the employment front, I hope that we start seeing additional reforms from many of the federal agencies.

UPDATE: HHS also had an announcement today: it will fund the creation of a national resource center on the problems of lgbt elders that will provide information and assistance to community service programs serving the elderly.

Excerpts from the HUD and HHS press releases after the jump -->