The new regulations, to be published as final in the Federal Register next week, will go into effect 30 days after publication. The final rule, published as “Equal Access to Housing in HUD Programs – Regardless of Sexual Orientation or Gender Identity,” makes the following provisions:
• Requires owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, to make housing available without regard to the sexual orientation or gender identity of an applicant for a dwelling, whether renter- or owner-occupied. HUD will institute this policy in its rental assistance and homeownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.
• Prohibits lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.
• Clarifies that all otherwise eligible families, regardless of marital status, sexual orientation or gender identity, will have the opportunity to participate in HUD programs. In the majority of HUD’s rental and homeownership programs the term “family” already has a broad scope, and includes a single person and families with or without children. HUD’s rule clarifies that otherwise eligible families may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be so.
• Prohibits owners and operators of HUD-assisted housing or housing insured by HUD from asking about an applicant’s sexual orientation and gender identity. In response to comments, however, HUD says this provision doesn’t prohibit voluntary and anonymous reporting of sexual orientation or gender identity pursuant to state, local or federal data requirements.
I think it makes sense to expand this to the fair housing statement. Hopefully it will follow.
