HRC responded to the news that the Department of Housing and Urban Development (HUD) will enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity. This announcement is the first action by an agency implementing Bostock v. Clayton County per President Biden’s Executive Order signed on Day One of his presidency.
Consistent with President Biden’s Executive Order that implements the U.S. Supreme Court’s ruling in Bostock v. Clayton County, HUD has determined that the Fair Housing Act’s prohibition on sex discrimination in housing includes discrimination on the basis of sexual orientation and gender identity. Accordingly, the memorandum put forth today by HUD will enforce the Fair Housing Act to prevent and combat such discrimination.
LGBTQ people face significant levels of discrimination in housing, which can take a variety of forms including being denied, charged higher rates for, or removed from housing solely because of their sexual orientation or gender identity. A 2013 study by the U.S. Department of Housing and Urban Development showed that same-sex couples experience significant levels of discrimination when responding to advertised rental housing in metropolitan areas nationwide. In this study, heterosexual couples were favored over same-sex couples by sixteen percent. For transgender people, housing discrimination is even more prevalent. According to the 2015 U.S. Transgender Survey, nearly one quarter of transgender people report having experienced housing discrimination within the past year because of their gender identity.
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