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A queer black couple wearing shirts with the pride flag on them, standing in front of their garage.

Sexual Orientation & Gender Identity

The federal Fair Housing Act prohibits housing and housing-related discrimination because of sex, including sexual orientation, gender identity, gender expression or behavior. HUD’s Equal Access Rule provides additional protections in HUD housing programs.

Detailed information on discrimination against people who are LGBTQ can be found on HUD’s website.

Example

A tenant who dresses in masculine clothes alleges that the property manager at her apartment refuses to make necessary repairs to her apartment. The property manager says that “he only does repairs for real ladies.”

Example

An underwriter for an FHA-insured loan is reviewing an application where two male incomes are being used as the basis for the applicants’ credit worthiness. The underwriter assumes the applicants are a gay couple and denies the application, despite the applicants’ credentials. This action may violate both the Fair Housing Act and HUD regulations for lenders.

Example

A public housing agency (PHA) asks a woman who has applied for assistance under the Section 8 Housing Choice Voucher program to update her eligibility information prior to the PHA issuing a voucher. She brings another woman with her to the PHA office. While completing program verifications, her companion puts her arm around her. The PHA’s occupancy specialist believes that the women are lesbians and denies the woman’s application because of perceived sexual orientation. These actions constitute a violation of the Equal Access Rule.

Example

A realtor refuses to show houses listed for sale to a potential buyer because the buyer is transgender.

Example of housing discrimination against the LGBTQ+ community can occur due to, or in addition to, other classes protected by the Fair Housing Act:


The FHC Can Help With Housing Discrimination.

If you believe you have been the victim of housing discrimination, please call us toll-free at 1-877-979-FAIR to discuss the situation.

Information provided about allegations or complaints of housing discrimination will be kept confidential. We will not report undocumented immigrants to the authorities.

Retaliation is illegal. Any attempt should be immediately reported to the FHC.

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