HUD Secretary Donovan Announces New Regulations to Ensure Equal Access to Housing for All Americans Regardless of Sexual Orientation or Gender Identity

By Randall A. Pentiuk, Esq.

U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan announced recently new regulations intended to ensure that HUD’s core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity.  Donovan previewed the announcement at the 24th National Conference on Lesbian, Gay, Bisexual, and Transgender Equality.

“The Obama Administration has viewed the fight for equality on behalf of the LGBT community as a priority and I’m proud that HUD has been a leader in that fight.” said Donovan.

The new regulations will go into effect 30 days after the rule is published.  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, or occupant of, the 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.  The rule will add actual or perceived sexual orientation and gender identity to the prohibited grounds to ensure FHA-approved lenders do not deny or otherwise alter the terms of mortgages on the basis of irrelevant criteria.
  • Prohibits owners and operators of HUD-assisted housing or housing insured by HUD from asking about an applicant or occupant’s sexual orientation and  gender identity for the purpose of determining eligibility or otherwise making housing available.  In response to comments on the proposed rule, HUD has clarified this final rule to state that this provision does not prohibit voluntary and anonymous reporting of sexual orientation or gender identity pursuant to state, local, or federal data collection requirements.
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