PROPOSED FEDERAL HOUSING RULE WOULD EXPAND ACCESS TO HOUSING FOR LGBT AMERICANS
SAN FRANCISCO, CA – FEBRUARY 14, 2011 – A proposed rule issued by the U.S. Department of Housing and Urban Development (HUD) would expand housing opportunities for lesbian, gay, bisexual and transgender (LGBT) individuals and families. If enacted, the proposed rule would make it illegal for owners and operators of HUD-assisted housing to make certain housing-related decisions based upon actual or perceived sexual orientation and gender identity.
“It continues to be difficult for LGBT seniors to find, secure, welcoming and safe places to live,” said Openhouse Executive Director Seth Kilbourn. “Adding definitions of gender identity and sexual orientation to the Code of Federal Regulations and prohibiting housing operators from using that information against applicants for housing is a significant step forward for our community. Expanding the definition of ‘family’ is also important because same-sex couples could not be excluded from federal rental housing and homeownership programs based on their relationship.”
While the proposed rule, published on January 24, 2011 in the Federal Register, expands the rights of LGBT people in federal housing, it is not a general prohibition against discrimination based on sexual orientation and gender identity. The Fair Housing Act does not address such discrimination. Many states and localities do prohibit such discrimination, but the federal government does not.
“Passage of federal law prohibiting discrimination in employment, housing and public accommodations based on sexual orientation and gender identity remains critical,” continued Kilbourn. “The proposed HUD rule is a good example of how federal agencies can use their administrative authority to help protect our community in instances where Congress fails to act.”
Kilbourn also noted that many developers of federally funded housing already welcome LGBT individuals and families. Openhouse recently helped place a same-sex couple in affordable senior housing where they were welcomed and accepted. “We hope the proposed rule will help ensure that such treatment becomes more the norm across the country,” he concluded.
For more information about the proposed rule, visit:
http://www.nixonpeabody.com/linked_media/publications/AFHS_Alert_02_03_2011.pdf
About Openhouse
Founded in 1998, Openhouse is building housing, services and community to end the isolation and invisibility that jeopardize the health and well-being of LGBT older adults.
