The Fair Housing Act (FHA) doesn't include sexual orientation in its list of seven protected classes. But that doesn't mean that the U.S. Department of Housing and Urban Development (HUD), the federal agency charged with enforcing the FHA, is ignoring the issue.
On the contrary, HUD recently added an LGBT Housing Discrimination page to its Web site indicating the agency's strong commitment to "ending housing discrimination against lesbian, gay, bisexual and transgender individuals and their families" as part of "enriching and strengthening our nation."
HUD acknowledges upfront that LGBT discrimination isn't specifically protected under federal law. However, the agency argues that one's experience with sexual orientation or gender identity may indirectly qualify for FHA coverage.
HUD offers an example of a gay tenant evicted by a landlord out of fear he'll spread HIV/AIDS. Such a tenant may succeed in bringing a fair housing complaint based on having a perceived disability. A second example involves a property manager who refuses to deal with a transgender prospect. Such behavior may amount to sex-based discrimination under the FHA due to "non-conformity with gender stereotypes," according to HUD.
HUD also provides a list of states (plus the District of Columbia) that have laws protecting citizens against housing discrimination based on sexual orientation and/or gender identity/expression. Along with each state is the name and phone number of the relevant enforcement agency, as a handy reference.
Do you applaud HUD for directing resources to combat LGBT discrimination in this indirect way? Or do you believe the agency has overstepped its bounds as primary enforcer of the FHA?
What do you think?
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