EXECUTIVE SUMMARY
Housing discrimination remains a significant problem throughout Northeast Ohio and the United States for the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community. Such discriminatory practices adversely impact quality of life, safety, and educational and economic opportunities. The federal Fair Housing Act does not explicitly protect people from housing discrimination on the bases of sexual orientation or gender identity. However, the U.S. Department of Housing and Urban Development (HUD) has expanded fair housing policy to acknowledge housing discrimination based on non-conformity with gender stereotypes as sex discrimination under the federal Fair Housing Act. Although the State of Ohio does not provide fair housing protections for residents on the bases of sexual orientation or gender identity, in Cuyahoga County 15 municipalities have enacted a fair housing ordinance banning housing discrimination on the basis of sexual orientation; 11 have done so on the basis of gender identity.
This report assesses the prevalence of housing discrimination on the bases of sexual orientation and gender identity in Cuyahoga County, measuring the incidence of “differential treatment” to these populations through 30 onsite and 60 email matched-pair tests. Among conclusive tests carried out on the basis of sexual orientation, 35.3% (18 out of 51 tests) showed differential treatment of the protected tester. Of the conclusive tests carried out on the basis of gender identity, 32.1% (9 out of 28 tests) revealed differential treatment of the protected tester. These findings are consistent with the overall rates of discrimination found in other state and national studies of housing discrimination on the bases of sexual orientation and gender identity.
Persons of color experienced two thirds of the identified differential treatment on the basis of sexual orientation though they accounted for exactly half of all tests conducted. Eighteen total tests revealed differential treatment on the basis of sexual orientation; among them, 12 tests revealed persons of color experiencing differential treatment. There was not a significant difference noted by sex among tests conducted by white testers. However, among tests conducted by persons of color, women (8 tests) experienced twice the rate of differential treatment men did (4 tests). Overall, same-sex female couples experienced higher rates of differential treatment (40.7%) than did their same-sex male couple counterparts (25%). Seven of the 26 (26.9%) conclusive sexual orientation tests conducted within covered jurisdictions, where sexual orientation is a protected class, revealed differential treatment, representing 38.8% of all identified differential treatment on the basis of sexual orientation.
Of the 28 conclusive tests conducted on the basis of gender identity, 32.1% (9 tests) showed differential treatment of the transgender tester. The tester of color experienced differential treatment at a rate of 33.3% (5 out of 15 tests) compared to a rate of 30.7% (4 out of 13 tests) for the white tester. Seven of the 9 tests (77.7%) which revealed differential treatment on the basis of gender identity occurred in the covered jurisdictions, where gender identity is protected by a local fair housing ordinance.
To ensure fair housing for the LGBTQ population of Cuyahoga County, it is imperative to strengthen fair housing laws to protect individuals on the bases of sexual orientation and gender identity on the local, state, and federal levels. As shown in this report, 51.8% of differential treatment on the bases of sexual orientation and gender identity occurred in municipalities where such discrimination is banned (14 of 27 tests) suggesting that the local awareness and enforcement of these laws is weak. Robust enforcement of fair housing laws is essential to ensuring fair housing for the LGBTQ community. It is imperative that local jurisdictions develop adequate enforcement measures and local capacity to address identified violations. Educational trainings on fair housing law and municipal fair housing ordinances for both landlords and the LGBTQ community are a further step towards fair treatment of the LGBTQ community in the housing market.
Sexual Orientation and Gender Identity Discrimination in Cuyahoga County 2016