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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