Across the country, LGBTQ+ Americans are more likely to experience housing discrimination and homelessness than those who are straight and cisgender. If you’ve ever attended a workshop by the Northeast Ohio Coalition for the Homeless (NEOCH), you’ve probably learned that – contrary to popular belief – being LGBTQ+ is not a risk factor for homelessness. How can this be, you might wonder, when we know that LGBTQ+ youth are 120% more likely to experience homelessness than their non-LGBTQ+ peers? The truth is, prejudices like homophobia, biphobia, and transphobia are the real root causes of increased rates of homelessness among the LGBTQ+ community.
The same can be said for housing discrimination. While studies show that LGBTQ+ individuals disproportionately face discrimination in housing, victims of discrimination are in no way responsible for the housing barriers they face. The real problem lies in the biases of some landlords, housing providers, or real estate professionals who, knowingly or unknowingly, limit the housing opportunities of LGBTQ+ renters and homebuyers. This Pride Month, it is imperative to highlight the urgent and persistent need for fair and equitable housing for the LGBTQ+ community.
While studies show that LGBTQ+ individuals disproportionately face discrimination in housing, victims of discrimination are in no way responsible for the housing barriers they face.
While housing discrimination based on sexual orientation and gender identity is not a new problem, it wasn’t until recently that LGBTQ+ Americans officially gained protections under the Fair Housing Act. In 2021, the U.S. Department of Housing and Urban Development (HUD) announced that it would begin enforcing the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity, following an Executive Order from the Biden Administration. This was the first time in U.S. history that LGBTQ+ Americans have received equal protection under the federal Fair Housing Act. The Order states, in part, that “people should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination,” and that “all persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”
According to the Fair Housing Act, housing providers are prohibited from doing the following, based on a person’s race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, or disability:
In the Rental and Sale of Housing
- Refusing to rent or sell housing
- Refusing to negotiate for housing
- Making housing unavailable or otherwise restricting choice
- Setting different terms, conditions or privileges for sale or rental of housing
- Providing different housing services or facilities
- Falsely denying that housing is available
- Persuading owners to sell or rent (blockbusting)
- Denying anyone access to or membership in a facility or service related to the sale or rental of housing
- Retaliating against a person for making a fair housing complaint.
In Mortgage Lending and Insurance
- Refusing to make a mortgage loan or provide homeowners insurance
- Refusing to provide information regarding loans or insurance
- Imposing different terms or conditions on a loan, such as different rates, or fees
- Discriminating in appraising property
- Refusing to purchase a loan
- Setting different terms or conditions purchase a loan
Additionally, it is illegal to make any statement or advertisement for a residence that indicates a limitation or preference based on a protected class. Your housing provider is also never allowed to intimidate, threaten, or retaliate against you for exercising your fair housing rights.
These new fair housing protections are a huge win for LGBTQ+ Americans, but experts say there is still work to be done before these protections reach everyone they are meant to cover. Although the courts understand the law, the burden of enforcement generally falls to the individual. In order to take action and seek redress, folks have to first know their housing rights and what resources are available to them. For those who have experienced housing discrimination and brought a complaint to HUD so far, the protections seem to be working. According to a HUD spokesperson, the agency received 232 claims of discrimination based on sexual orientation or gender identity in 2021. Still, many incidents of housing discrimination based on sexual orientation and gender identity go unreported, and the actual number of discriminatory acts is likely much higher. With time, experts hope that more LGBTQ+ Americans will learn about their fair housing rights and trust in HUD, and local agencies, to take their issues seriously.
In the spirit of Pride Month, the Fair Housing Center for Rights & Research celebrates the LGBTQ+ community and all of its diverse identities, while advocating for the continued expansion of fair housing protections. Our communities are stronger, safer, and better when *everyone* is included and protected. Resources and information are available online for folks to learn more about their fair housing rights. Northeast Ohioans are also welcome to contact The Fair Housing Center to speak with a fair housing advocate directly. Every person living in the U.S. – no matter their sexual orientation or gender identity – deserves to have equal access to housing that is safe, stable, and fair.