HUD Proposes Rule to Ensure Equal Access to Housing for LGBT Persons

February 28, 2011

HUD has proposed new regulations intended to ensure that its core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity. The agency is seeking public comment on proposed areas that include:

Prohibiting lenders from using actual or perceived sexual orientation or gender identity as a basis to determine a borrower's eligibility for FHA-insured mortgage financing.

HUD has proposed new regulations intended to ensure that its core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity. The agency is seeking public comment on proposed areas that include:

Prohibiting lenders from using actual or perceived sexual orientation or gender identity as a basis to determine a borrower's eligibility for FHA-insured mortgage financing.

Clarifying that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, have the opportunity to participate in HUD programs. Families may not be excluded because one or more members of the family may be a lesbian, gay, bisexual, or transgender (LGBT) individual, have an LGBT relationship, or be perceived to be such an individual or in such a relationship.

Prohibiting owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied.

Comments should be sent to Regulations Division, Office of General Counsel, HUD, 451 7th St. SW, Washington, DC 20410-0500. Call (202) 708-2333 for more information. The deadline for comments is March 25, 2011.

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