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New Action to End Housing Discrimination
New guidance issued today by HUD
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July 1, 2010
HUD Secretary Shaun Donovan
HUD Secretary Shaun Donovan
(Washington, DC) Today the U.S. Department of Housing and Urban Development (HUD) provided new guidance on the Fair Housing Act, instructing HUD staff that discrimination against transgender people can be addressed under the existing federal law's ban on gender discrimination. The new policy offers additional help to transgender people who experience discrimination.

"Ending discrimination in housing is absolutely vital. Everyone deserves to have a safe home where they do not have to worry about eviction or harassment simply because of their gender identity," noted Mara Keisling, the Executive Director of the National Center for Transgender Equality. "Many thanks to HUD Secretary Shaun Donovan, his department, and the President Obama for their leadership working to ensure fairness in housing for LGBT people and for this important step forward."

While sexual orientation and gender identity are not specifically named in the Fair Housing Act, HUD notes that transgender people are often covered by the ban on gender discrimination, and that discrimination against lesbian, gay, and bisexual people may sometimes be covered by other aspects of the law. For example, discrimination against a gay man who has HIV, or is thought to have HIV, could be a violation of federal laws banning disability discrimination, while a woman who is discriminated against because she wears masculine clothing may be covered under the provisions that bar gender discrimination. In addition, HUD today re-stated its commitment to work actively with state and local jurisdictions that do include sexual orientation and gender identity in their laws to be sure that people are aware of their rights.

Last October, HUD announced a series of initiatives to address discrimination based on sexual orientation and gender identity in the country's housing. These commitments included requiring all applicants for HUD grants to comply with state and local nondiscrimination laws, developing regulations to clarify the inclusion of LGBT families in HUD programs, and planning a groundbreaking national study of anti-LGBT housing discrimination.

Along with the new Fair Housing Act guidance, HUD launched a web page which provides information for Americans who may be experiencing housing discrimination and lists states which offer protections against discrimination based on sexual orientation and gender identity. The web page tells individuals how file a complaint with the federal government as well as with state agencies. 

Housing discrimination remains a dangerous and prevalent part of life for transgender people. In a survey that NCTE conducted last year with the National Gay and Lesbian Task Force, 19% of the respondents had been homeless because of their gender identity, a staggeringly high number.  While the work that HUD has done so far has been very important, much remains to be done. NCTE continues to call for the inclusion of gender identity and sexual orientation in the Fair Housing Act.  

If you have experienced housing discrimination or believe that you may be about to be discriminated against, we encourage you to call HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 for assistance.

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About NCTE

The National Center for Transgender Equality is a national social justice organization devoted to ending discrimination and violence against transgender people through education and advocacy on national issues of importance to transgender people. By empowering transgender people and our allies to educate and influence policymakers and others, NCTE facilitates a strong and clear voice for transgender equality in our nation's capital and around the country. The National Center for Transgender Equality is a 501(c)3 organization.