March is Women’s History Month, a time to highlight the achievements and contributions of women in our society, as well as the progress that has been made over the years. Our society has made strides toward gender equity in many areas, including in housing policy. Today, everyone living in the U.S., regardless of their sex or gender, is entitled to fair housing – but that wasn’t always the case. In fact, it has only been a little over 50 years since the federal Fair Housing Act has protected women’s rights in housing. Prior to sex being added as a protected class, women and nonbinary people were routinely discriminated against in housing-related transactions.
History of Sex Discrimination in Housing
When the Fair Housing Act was signed in 1968, it initially only included four protected classes: race, color, national origin, and religion. Prior to 1974, when the Fair Housing Act was amended, it was perfectly legal for housing providers and mortgage lenders to discriminate against women because of their sex (and they did).
Women faced significant barriers to accessing housing in the United States before sex discrimination was made illegal. They had far less access to credit than men, and banks required a man’s signature to get a loan. For single women, this meant that they often would have to get their dad, brother, or another male relative to co-sign loans for them – regardless of how much money women made, in comparison to their male co-signers. Married women faced barriers, too, and could not even get a credit card in their own name. Instead, the name on the card would have to be “Mrs. [insert husband’s name here]”, which meant that the credit history only accrued to the husband. Additionally, when women did get loans, lenders often saddled female borrowers with higher interest rates and larger down payment requirements.
Women of color often faced additional barriers, experiencing both racial and gender discrimination. Nearly 80 years ago, Pauli Murray – a trailblazing civil rights and women’s rights advocate – coined the term “Jane Crow” to describe the intersections of racism and sexism that Black women experience. Unfortunately, this intersecting discrimination Murray described continued long after the 1940’s. After the Civil Rights Era, we saw a shift to increased privatization of the economy, including the housing sector, along with federal disinvestment in public housing and affordable housing programs. As a result, wealthy investors actually profited off the financial instability of Black and brown homeowners and renters.
In the 1970’s, several pieces of legislation opened up new housing opportunities for women and cut down some previously-existing barriers. The Fair Housing Act was amended in 1974 by the Housing and Community Development Act of 1974 to prohibit sex discrimination in housing. This amendment was part of a larger law, which also created Section 8 housing. That same year, the Equal Credit Opportunity Act (ECOA) was passed, prohibiting credit discrimination based on sex or marital status to remove more barriers to homeownership for women.
Understanding the Sex Protection
Today, the Fair Housing Act prohibits discrimination based on a person’s sex or gender in housing-related transactions, like buying or renting a home. Not only does this protection prohibit gender-based discrimination, it also offers protections for survivors of domestic violence (regardless of gender) and prohibits sexual harassment in housing. Additionally, in recent years, courts have interpreted the law to protect people from housing discrimination based on their sexual orientation and/or gender identity, as well. The Biden Administration’s Executive Order, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, was recently rescinded by the Trump administration. However, it remains to be seen how that may impact the interpretation of the sex protection going forward, if at all. Still, many municipalities and counties – including Cuyahoga County – have opted to protect LGBTQ+ residents from housing discrimination. For a full list of the local communities that protect against sexual orientation and gender identity discrimination in their ordinances, please visit: https://thehousingcenter.org/lgbtq
It is important to know your fair housing rights, and what to watch out for. Some examples of sex discrimination in housing include:
- Refusing to rent rooms to women
- Refusing to sell houses to women
- Denying housing to victims of domestic violence
- Charging extra fees for female tenants and buyers
- Giving rules to female tenants that do not apply to male tenants
- Sexually harassing female tenants
This list is not exhaustive — sex discrimination can come in many forms and can happen regardless of sex. If you or someone you know has experienced sex discrimination in housing, contact your local fair housing agency for assistance. At the Fair Housing Center for Rights & Research, our advocates are available to help you better understand and exercise your fair housing rights, at no cost to you.
The Fight for Fair Housing Continues
While significant progress has been achieved in the struggle for gender equity, we still have work to do. In its 2024 Fair Housing Trends Report, the National Fair Housing Alliance reported that sex discrimination was the third most frequent basis of discrimination, with 2,588 total complaints filed in the previous year. In 2023, The Fair Housing Center alone received 72 reports of sex discrimination. And despite attempts to roll back civil rights, we will never stop fighting to end housing discrimination. We must continue working to maintain – and expand – our hard-fought rights, and envision a future where housing is fair for all people.