Fair Housing Project Hosts Listening Session for LGBTQ Seniors

 Quick Facts Related to LGBTQ Fair Housing Protections

The federal Fair Housing Act, prohibits discrimination in housing because of race, color, religion, national origin, sex, familial status, and disability.

• The U.S. Department of Housing and Urban Development (HUD) has issued guidance that under the Federal Fair Housing Act, sex discrimination may include treating someone differently because of perceived non-conformity with gender stereotypes. See John Trasvina, Assistant Secretary for Fair Housing and Equal Opportunity, Assessing Complaints that Involve Sexual Orientation, Gender Identity, and Gender Expression (June 15, 2010) (http://www.fairhousingnc.org/wp-content/uploads/2012/03/HUD-Memo-re-Sexual-Orientation-Discrimination-6-15-2010.pdf)
• A 2017 decision from a District Court in Colorado found that “discrimination against women … for failure to conform to stereotype norms concerning to or with whom a woman should be attracted, should marry, and/or should have children is discrimination on the basis of sex under the FHA.” Smith v. Avanti, 249 F. Supp. 3d 1194, 1200 (D. Colo. 2017).
• Although “sexual orientation” is not explicitly a protected category under the federal Fair Housing Act or the North Carolina State Fair Housing Act, many other states and local jurisdictions have added “sexual orientation,” “gender identity” and “gender expression” as explicitly protected classes. See Movement Advancement Project, Non-Discrimination Laws (http://www.lgbtmap.org/equality-maps/non_discrimination_laws).
• Properties developed through the North Carolina Low Income Housing Tax Credit Program may not discriminate in housing because of sexual orientation or gender identity. See North Carolina Housing Finance Agency, Fair Housing and Tenant Selection Policy for Properties Monitored by the North Carolina Housing Finance Agency (effective 3/19/2018). (https://www.nchfa.com/sites/default/files/page_attachments/TenantSelectionPlanPolicy.pdf).
• HUD-funded programs and HUD-insured properties cannot discriminate against individuals because of actual or perceived sexual orientation or gender identity. See 24 CFR § 5.105(a)(2).