Biden Administration extends fair housing protections to LGBTQ+ Americans

Following an Executive Order from the Biden Administration, HUD will now enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity.

For the first time in U.S. history, LGBTQ+ Americans will now receive equal protection under the federal Fair Housing Act. The U.S. Department of Housing and Urban Development (HUD) announced Thursday that it will begin enforcing the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity. HUD is the first federal agency to formally implement President Biden’s Executive Order.

The Executive Order addresses the Supreme Court’s 2020 landmark decision in Bostock v Clayton County, which held that discrimination against people based upon their sexual orientation or gender identity is sex discrimination. Under the President’s Order, it has been concluded that the Fair Housing Act, likewise, prohibits sex discrimination because of sexual orientation and gender identity.

Research shows that LGBTQ+ Americans are more likely to face discrimination when seeking rental housing. However, fair housing laws have not always been interpreted to cover such cases in the past. The Fair Housing Center celebrates this move and remains committed to the work of protecting and expanding fair housing rights.

“People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination. All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation,” the Order states, in part.

Folks who have experienced housing discrimination based their sexual orientation or gender identity are encouraged to contact The Fair Housing Center for assistance.

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