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You are here: Home / Newsletter Articles / Fair Housing Project Hosts Listening Session for LGBTQ Seniors

Fair Housing Project Hosts Listening Session for LGBTQ Seniors

September 5, 2018by Lauren Brasil

On Wednesday, July 11, the Fair Housing Project of Legal Aid of North Carolina hosted a listening session at St. John’s Metropolitan Community Church in Raleigh. The listening session was focused on the housing discrimination issues facing LGBTQ seniors.

The event was attended by volunteers associated with the LGBT Center of Raleigh, and in particular with the Center’s SAGE Raleigh program. SAGE Raleigh is currently seeking to develop senior affordable housing that is welcoming and friendly of all seniors, but particularly those in the LGBTQ community.

The attendees represented diverse cross section of the community, but one thing united them: a desire to have an affordable housing community in or near downtown Raleigh where LGBTQ seniors would feel welcome and safe. Attendees shared their own personal experiences of housing discrimination, as well as experiences they have seen and heard from others.

If you are interested in learning more about SAGE’s efforts to build senior affordable housing, please contact: sage@lgbtcenterofraleigh.com. If you are interested in learning more about fair housing and future listening sessions, please contact the Fair Housing Project at info@fairhousingnc.org.

 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).

 

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More from this Newsletter Issue: Summer 2018

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The work that provided the basis for this publication was supported by funding under a grant (FEOI210033) with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.

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Summer 2018

  • An Animal By Any Other Name (But Not “Pet”)
  • Case Spotlight: Reasonable Accommodation: An Extra Bedroom for Medical Devices Keeps a Home Affordable

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    Fair Housing Project
    P.O. Box 26087
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    1-855-797-3247
    info@fairhousingnc.org

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    The Fair Housing Project of Legal Aid of North Carolina works to eliminate housing discrimination and to ensure equal housing opportunity for all people through education, outreach, public policy initiatives, advocacy and enforcement.

     

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