This rule clarifies the Department of Housing and Urban Development (HUD)’s programs are available to all eligible individuals regardless of their sexual orientation, gender identity or marital status.
Amended by Office of the Secretary of the HUD
24 Code of Federal Regulations §§5, 200, 203, 236, 400, 570, 574, 882, 891, 982
Effective date: March 5, 2012
The following updated definitions apply to all Department of Housing and Urban Development (HUD) and Federal Housing Administration (FHA) programs and lenders, and to the regulations for Housing Opportunities for Persons with AIDS (HOPWA), Supportive Housing for the Elderly and Supportive Housing for Persons with Disabilities programs:
- sexual orientation is defined as homosexuality, heterosexuality and bisexuality;
- gender identity is defined as actual or perceived gender-related characteristics;and
- family now includes households regardless of actual or perceived sexual orientation, gender identity or marital status.
Eligibility for HUD housing programs is determined without regard to actual or perceived sexual orientation, gender identity or marital status.
Inquiries regarding sexual orientation or gender identity to determine eligibility for HUD housing programs are prohibited, except when the information is needed to determine the minimum number of bedrooms HUD’s housing programs provide each household in temporary emergency shelters.
HUD plans to implement education and outreach on this rule to recipients of HUD funding.
For steps on how to pursue a discrimination claim under this rule, see HUD’s guidelines.
Editor’s note – first tuesday supports these changes as positive steps forward in providing fair housing for all. [For more information on first tuesday’s take on these new regulations, see the February 2012 first tuesday article, HUD acts to house lesbian, gay, bisexual and transgender (LGBT) people.]
