HUD AWARDS $7.5 MILLION TO FIGHT HOUSING DISCRIMINATION

The U.S. Department of Housing and Urban Development announced today that it has awarded $7.5 million to state and local government agencies that enforce fair housing laws and help communities and housing providers to better understand their fair housing rights and responsibilities (see attached list).  The funds will also be used to promote the Department’s new Equal Access to Housing regulation, which ensures that HUD housing and programs are open to all families, regardless of sexual orientation, gender identity, or marital status.
 




“Today’s announcement demonstrates the Obama Administration’s commitment to ending housing discrimination, no matter what form it takes,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.  “With these funds, state and local government agencies on the front line of the fight will be able to continue their efforts to take on today’s many fair housing challenges.”

In awarding the funds, which are provided through HUD’s Fair Housing Assistance Program (FHAP), HUD is responding to requests and suggestions from state and local government agencies that are seeking to partner with organizations that will assist in fair housing enforcement and outreach. The funds will help local communities learn more about their fair housing rights and housing providers meet their fair housing obligations, including those related to HUD’s new Equal Access to Housing regulation.

HUD SECRETARY DONOVAN ANNOUNCES NEW REGULATIONS TO ENSURE EQUAL ACCESS TO HOUSING FOR ALL AMERICANS REGARDLESS OF SEXUAL ORIENTATION OR GENDER IDENTITY

U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan announced today 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 (LGBT) Equality – Creating Change. View the final rule here.

“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 Secretary Shaun Donovan. “With this historic rule, the Administration is saying you cannot use taxpayer dollars to prevent Americans from choosing where they want live on the basis sexual orientation or gender identity – ensuring that HUD’s housing programs are open, not to some, not to most, but to all.”

The new regulations, published as final in the Federal Register next week, will go into effect 30 after the rule is published.

U.S. Congressman Barney Frank (D-Mass.) also expressed support for the publishing of final LGBT housing guidelines, “I am grateful to the Obama administration for instituting this important policy.”

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. FHA’s current regulations provide that a mortgage lender’s determination of the adequacy of a borrower’s income “shall be made in a uniform manner without regard to” specified prohibited grounds. 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.

* 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 such an individual or in such relationship.

* 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.

Other actions HUD has taken for LGBT Americans include:

* HUD conducted the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. Every ten years, HUD does a study of the impact of housing discrimination on the basis of race and color. HUD undertook this important research in 1977, 1989 and 2000 and is currently undertaking this study again. It is believed that LGBT individuals and families may remain silent because in many local jurisdictions, they may have little or no legal recourse. While there are no national assessments of LGBT housing discrimination, there are state and local studies that have shown evidence of this sort of bias. For example, a 2007 report by Michigan’s Fair Housing Centers found that nearly 30 percent of same-sex couples were treated differently when attempting to buy or rent a home.

* HUD currently requires its recipients of discretionary funds to comply with local and state non-discrimination laws that cover sexual orientation or gender identity.

* In 2011 HUD issued new guidance that treats discrimination based on gender nonconformity or sex stereotyping as sex discrimination under the Fair Housing Act, and instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive nondiscrimination laws.

* The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, sex, disability and familial status. Approximately 20 states, and the District of Columbia, and more than 150 cities, towns and counties across the nation have additional protections that specifically prohibit such discrimination against LGBT individuals. Under the guidance issued in June 2010, HUD will, as appropriate, retain its jurisdiction over complaints filed by LGBT individuals or families but also jointly investigate or refer matters to those state, district and local governments with other legal protections.

* HUD and HHS hosted the first ever federal government summit addressing issues for LGBT seniors in December 2011.

View the final rule here.

HUD OFFERS $9.1 MILLION TO HIV/AIDS HOUSING PROGRAMS

The U.S. Department of Housing and Urban Development announced this week that it is offering up to $9.1 million to address the critical housing needs of low-income persons and families living with HIV/AIDS including homeless individuals and families. HUD’s funding notice is offered through the Housing Opportunities for Persons with AIDS (HOPWA) Program.

“These grants will allow States and local communities to forge new partnerships and develop strategies to meet the housing needs of low-income and homeless persons living with HIV/AIDs,” said Mercedes Márquez, HUD’s Assistant Secretary for Community Planning and Development. “By offering our local partners these funds, we are giving them the necessary tools to provide real hope for those who might otherwise end up on the streets without the care they need.”

HUD is making grants available new community partnerships to develop an Integrated HIV/AIDS Housing Plan (IHHP). The IHHP is a collaborative process that will seek to improve the delivery of housing and services to low-income individuals and families living with HIV/AIDS. Applications must be submitted by August 2, 2011.

HOPWA grants support the Obama Administration’s National HIV/AIDS Strategy (NHAS) and the Opening Doors: The Federal Strategic Plan to Prevent and End Homelessness. Together these initiatives address goals to: prevent and end homelessness; increase the supply of affordable housing; and increase the coordination of mainstream housing resources and other health and human services.

HUD requires prospective grantees to submit their applications online through Grants.gov. Any changes to HUD-published funding notices will be made available to the public through a Federal Register public and published on Grants.gov. Applicants are urged to sign up for Grants.gov’s notifications service to receive periodic updates or changes to this grant offering.

HUD AWARDS $23 MILLION TO 22 LOCAL HIV-AIDS HOUSING PROGRAMS

The U.S. Department of Housing and Urban Development last week announced that more than a thousand extremely low-income persons living with HIV/AIDS will continue to receive permanent housing as a result of $23 million in grants.  During each of the next three years, this HUD funding will help provide permanent supportive housing for 1,015 households so they can manage their illnesses while receiving critically needed support services.

       The funding announced today is offered through HUD’s Housing Opportunities for Persons with AIDS Program (HOPWA) and will renew HUD’s support of 22 local programs in 18 states (see attached chart and individual project descriptions below).

 “These grants are a vital source of support to the local programs that are on the ground working to keep families healthy,” said HUD Secretary Shaun Donovan.  “Knowing that you have a place to call home can make all the difference to the wellbeing of families living with HIV/AIDS, many of whom have been on the brink of homelessness.”

            These projects have estimated that about 40 percent of the households to be assisted will involve persons who have been homeless.  The grants announced today also support the Obama Administration’s new strategic plan to prevent and end homelessness, an unprecedented initiative announced last June at the White House.  In February 2011, HUD released its plan to guide the agency’s actions under the National HIV/AIDS Strategy.  As the nation’s housing agency, HUD will contribute a variety of housing resources to promote better integration of housing interventions into comprehensive HIV care systems.

            Housing assistance and related services funded by HOPWA are an essential part of the comprehensive system of care for low-income persons living with HIV/AIDS.  A stable home environment is also vital for these households in allowing them to access consistent medical care and maintain their health.  Furthermore, secure housing can be a platform for improved quality of life.

            Ninety percent of HOPWA funds are distributed by formula to cities and states based on the number of AIDS cases reported to the Centers for Disease Control and Prevention. HUD’s formula grants are managed by 124 local and state jurisdictions, which coordinate AIDS housing efforts with other HUD and community resources.  HUD is making available a record $334 million in HOPWA funds this year to help communities provide housing for this special needs population.  Overall, these resources assist 60,669 households annually to promote stable housing and reduced risks of homelessness for those living with HIV and other challenges.

In Colorado, the Del Norte Neighborhood Development Corporation is awarded a HOPWA permanent supportive housing renewal grant of $612,379 to continue operating its Dave’s Place project.  This program supports 14 single-room occupancy (SRO) units of facility-based permanent housing in Denver.  Del Norte will assist 18 households annually with permanent housing and supportive services.  Program participants are supported with an array of services including group and individual counseling, mental health and substance abuse treatment, transportation assistance, nutritional services support, HIV education, and other important services.  Supportive services are delivered in collaboration with the Colorado AIDS project.

New HUD Regulations Will Protect LGBT Families

The Human Rights Campaign recently praised draft regulations from the Department of Housing and Urban Development (HUD) that would protect LGBT families from discrimination and make clear that federal housing programs are open to all families. HUD is also in the midst of the first-ever nationwide survey of housing discrimination against LGBT people.

“Today’s announcement from HUD will help protect LGBT people and our families in one of the most fundamental aspects of life – finding and keeping a home,” said HRC President Joe Solmonese.  “The policies proposed today will help some of the most vulnerable people in our community and the nationwide survey will finally shed light on the discrimination LGBT people face every day in trying to make homes for themselves and their families.”

The new proposed rule makes three important changes to federal regulations. First, it includes language that ensures same-sex couples and their children are recognized as families covered by HUD programs, including affordable housing assistance.  Second it prohibits 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.  Third it prohibits consideration of factors other than creditworthiness, including sexual orientation and gender identity, in the awarding of mortgage loans insured by the Federal Housing Administration.  The proposed rule will be open for public comment for 60 days.  During this period, HRC will review the draft regulation and provide suggestions on how it may be improved to provide the strongest protections for LGBT families.

As part of its Blueprint for Positive Change, HRC submitted more than 70 recommendations for executive action which would improve the lives of LGBT Americans to the Obama-Biden Presidential Transition Team.  Since the administration began, HRC staff have met and communicated with numerous federal agencies on how to implement these policies.  Addressing discrimination in federal housing programs was part of HRC’s recommendations for HUD.  

HUD PROPOSES NEW RULE TO ENSURE EQUAL ACCESS TO HOUSING REGARDLESS OF SEXUAL ORIENTATION OR GENDER IDENTITY

The U.S. Department of Housing and Urban Development recently proposed new regulations intended to ensure that its core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity.  View the proposed rule announced here.

“This is a fundamental issue of fairness,” said HUD Secretary Shaun Donovan.  “We have a responsibility to make certain that public programs are open to all Americans.  With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”

HUD bans discrimination against LGBT program applicants

The U.S. Department of Housing and Urban Development unveiled a policy forbidding discrimination against LGBT Americans in federal housing programs. "These are critically important reforms given that lesbian, gay, bisexual and transgender people remain particularly vulnerable in seeking or retaining housing due to widespread bias," said Rea Carey, executive director of the National Gay and Lesbian Task Force.

HUD ISSUES GUIDANCE ON LGBT HOUSING DISCRIMINATION COMPLAINTS

The U.S. Department of Housing and Urban Development (HUD) today announced a new policy that provides lesbian, gay, bisexual and transgender (LGBT) individuals and families with further assistance when facing housing discrimination. The new guidance treats gender identity discrimination most often faced by transgender persons as gender discrimination under the Fair Housing Act, and instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive discrimination laws. HUD Secretary Shaun Donovan announced the new guidance at HUD's LGBT Pride Month Celebration.

"Our job to prevent and combat housing discrimination is not complete without addressing 21st Century issues," stated John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity. "Our fair housing staff will work with state and local civil rights agencies to investigate and refer discrimination cases and work to combat all aspects of gender discrimination."

The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, gender, disability and familial status. Approximately 20 states, and the District of Columbia, and over 60 cities, towns and counties across the nation have additional protections that specifically prohibit such discrimination against LGBT individuals. Under the guidance announced today, HUD will, as appropriate, retain its jurisdiction over complaints filed by LGBT individuals or families but also jointly investigate or refer matters to those state, district and local governments with other legal protections.

For example, if a man alleges that he is being evicted because he is gay and his landlord believes he will infect other tenants with HIV, then the allegation of discrimination may be jurisdictional under the Fair Housing Act based on disability because the man is regarded as having a disability, HIV/AIDS. Similarly, if a female prospective tenant is alleging discrimination by a landlord because she wears masculine clothes and engages in other physical expressions that are stereotypically male, then the allegations may be jurisdictional under the Act as discrimination based on gender.

Last October, HUD Secretary Shaun Donovan announced a series of measures to ensure that the agency's core housing programs are open to all, regardless of sexual orientation or gender identity. Earlier this month, HUD announced that it will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect LGBT individuals. In addition, HUD intends to propose new regulations that will clarify that the term "family" as used to describe eligible beneficiaries of HUD's programs include otherwise eligible LGBT individuals and couples. The Department's intent to propose new regulations will clarify family status to ensure its core housing programs are available to all families, regardless of their sexual orientation or gender identity.

The Federal Housing Administration (FHA) will also instruct its lending community that FHA-insured mortgage loans must be based on the credit-worthiness of borrowers and not on unrelated factors or characteristics such as sexual orientation or gender identity. Finally, HUD will commission the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. The Department is currently seeking online public comment from interested parties in how it might design this new study.

HUD AWARDS $30 MILLION TO 29 LOCAL HIV-AIDS HOUSING PROGRAMS

More than a thousand extremely low-income persons living with HIV/AIDS will continue to receive permanent housing as a result of $30.2 million in grants announced today by the U.S. Department of Housing and Urban Development (HUD). During each of the next three years, this HUD funding will help provide permanent supportive housing for 1,232 households so they can manage their illnesses while receiving critically needed support services.

The funding announced today is offered through HUD's Housing Opportunities for Persons with AIDS Program (HOPWA) and will renew HUD's support of 29 local programs in 19 states (see attached chart). For a complete description of each of the grants awarded today, visit HUD's website.

"These programs are a critical source of support to local programs on the front lines of helping families stay healthy," said HUD Secretary Shaun Donovan. "A stable home can make all the difference to the wellbeing of these families, many of whom have been homeless or at extreme risk of homelessness."

These projects have estimated that about 40% of the households to be assisted will involve persons who have been homeless. The grants announced today also support the Obama Administration's new strategic plan to prevent and end homelessness, an unprecedented initiative announced last week at the White House.

Housing assistance and related services funded by HOPWA are an essential part of the comprehensive system of care for low-income persons living with HIV/AIDS. A stable home environment is also vital for these households in allowing them to access consistent medical care and maintain their health. Furthermore, secure housing can be a platform for improved quality of life.

Ninety percent of HOPWA funds are distributed by formula to cities and states based on the number of AIDS cases reported to the Centers for Disease Control and Prevention. HUD's formula grants are managed by 123 local and state jurisdictions, which coordinate AIDS housing efforts with other HUD and community resources. Up eight percent from last year, HUD is making available a record $335 million in HOPWA funds this year to help communities provide housing for this special needs population. Overall, these resources assist 58,367 households annually to promote stable housing and reduced risks of homelessness for those living with HIV and other challenges.

HUD ADDS IMPORTANT CIVIL RIGHTS PROTECTIONS TO ITS GRANT PROGRAMS

For the first time in its history, the U.S. Department of Housing and Urban Development (HUD) will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect lesbian, gay, bi-sexual, and transgender (LGBT) individuals. Today, HUD published a notice detailing the general requirements that will apply to all of the Department's competitively awarded grant programs for Fiscal Year 2010.

"We're using every avenue to shut the door against discrimination," said HUD Secretary Shaun Donovan. "Today, we take an important step to insist that those who seek federal funding must demonstrate that they are meeting local and state civil rights laws that prohibit discrimination based on sexual orientation or gender identity."

Traditionally, HUD requires all applicants for competitive grant funding to comply with all applicable federal fair housing and civil rights requirements including those expressed in Fair Housing Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act. Now HUD will further stipulate that applicants and their sub-recipients must comply with state or local laws proscribing housing discrimination based on sexual orientation or gender identity. It is estimated there are approximately 20 states and the District of Columbia that have laws prohibiting discrimination based on sexual orientation discrimination. In addition, 12 states and the District of Columbia prohibit discrimination based on gender identity.

HUD's General Section will not consider an applicant's submission if they fail to meet minimum thresholds which will now include being able to demonstrate that they have not been charged with a systemic violation of state or local law proscribing discrimination in housing based on sexual orientation or gender identity.

Last October, HUD Secretary Shaun Donovan announced a series of measures to ensure that the agency's core housing programs are open to all, regardless of sexual orientation or gender identity. In addition to the notice published today, HUD intends to propose new regulations that will clarify that the term "family" as used to describe eligible beneficiaries of HUD's programs include otherwise eligible LGBT individuals and couples. The Department's intent to propose new regulations will clarify family status to ensure its core housing programs are available to all families, regardless of their sexual orientation or gender identity.

The Federal Housing Administration (FHA) will also instruct its lending community that FHA-insured mortgage loans must be based on the credit-worthiness of borrowers and not on unrelated factors or characteristics such as sexual orientation or gender identity. Finally, HUD will commission the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. The Department is currently seeking online public comment from interested parties in how it might design this new study.

In addition, HUD will provide enhanced customer services for members of the public who bring fair housing complaints to the Department's attention on the basis of LGBT status. Specifically, in places where state or local laws already prohibit LGBT-related housing discrimination, intake staff in HUD's Office of Fair Housing & Equal Opportunity will ensure these complaints are directed to the appropriate state and local anti-discrimination offices. HUD intake staff also will be trained to identify any allegations over which HUD has existing authority under the Fair Housing Act, such as HIV/AIDS-related discrimination, that may be considered grounds for enforcement action based on the law's current protections (i.e., against disability discrimination).

April is Fair Housing Month, HUD declares "Time to act!"

In honor of Fair Housing Month, celebrated each April, HUD has declared 2010 a "Time to Act!"

The Fair Housing Act makes it illegal to discriminate in housing transactions based on race, color, national origin, religion, gender, disability, or familial status. Each year HUD and communities and organizations across the country recognize Fair Housing Month by hosting an array of activities that enhance the public's awareness of their fair housing rights and highlight the national commitment to end housing discrimination. The theme for this year's activities, "Fair Housing in 2010: Time to Act," reflects the urgent need to ensure fair housing.

"Discrimination based on how you look, the religion you practice, or because you have children or are disabled is illegal and unacceptable," said John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity at HUD. "In the aftermath of Dr. Martin Luther King Jr.'s assassination in April 1968, President Johnson moved for passage of the Fair Housing Act to bring the nation forward and together. Since then, we have made progress but there remains work to be done. It is time to act."

HUD's fair housing initiatives include expanding its efforts to work with states and local communities to reinforce a federal requirement that they promote diverse, inclusive housing opportunities when spending federal funds. The Department, for the first time ever, is examining the prevalence of housing discrimination based on sexual orientation and gender identity and discrimination based on a tenant's use of government assistance to pay rent. 

HUD also launched a new website to allow individuals to comment of an unprecedented national study that will examine housing discrimination based on sexual orientation and gender identity. Comments received in town hall meetings, and those gathered from this new website, will inform HUD on the best ways to test for housing discrimination targeted against lesbian, gay, bi-sexual or transgender individuals and couples.

Have you ever been a victim of housing discrimination because you're gay?

If you believe you have been a victim of housing discrimination, you may file an online complaint, or call HUD's Housing Discrimination Hotline at 1-800-669-9777.

HUD launches GLBT housing discrimination website

The U.S. Department of Housing and Urban Development today launched a new website to allow citizens to offer comment on the design of an unprecedented national study that will examine housing discrimination based on sexual orientation and gender identity. While there have been no national assessments of housing discrimination targeting the lesbian, gay, bi-sexual and transgender (LGBT) community, there is a body of evidence suggesting this sort of bias exists.

HUD recently hosted town hall meetings in Chicago, San Francisco and New York City to solicit feedback on how it might approach such ground-breaking research. This 'online suggestion box' is intended to offer the public throughout the U.S. an opportunity to comment on HUD's study.

"It is critical that as we embark on this historic discrimination study, that we hear from those who may have been denied housing based on their sexual orientation or gender identity," said Dr. Raphael Bostic, HUD's Assistant Secretary for Policy Development and Research. "The comments we received in our town hall meetings, and those we will gather from this new website, will help inform how we might test for housing discrimination in the sale or rental of housing based on LBGT status."