NFHTA Forum | Strategies for LGBTQI+ and Gender Identity Housing Discrimination Investigations
November 17, 2021 | 2:00 PM - 4:00 PM EST
Demetria McCain, Principal Deputy Assistant Secretary, Office of Fair Housing and Equal Opportunity, HUD
In January 2021, President Biden issued Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, that extends federal laws that prohibit sex discrimination to include sexual orientation and gender identity. Based on this order, HUD's Office of Fair Housing and Equal Opportunity willfully enforce the Fair Housing Act to address discrimination inclusive of sexual orientation and gender identity; this applies to FHAP and FHIP agencies as well.
The National Fair Housing Training Academy (NFHTA) and the National Fair Housing Alliance (NFHA) hosted a public forum focused on how sexual orientation and gender identity are covered by the Fair Housing Act, established what constitutes a prima facie case of discrimination, provided some training to improve cultural competency in this field, and specified testing and investigative tools that may be utilized to investigate cases that allege discrimination based on sexual orientation and gender identity. Over 660 fair housing partners joined us in this critical conversation.
- Welcome from moderator, Cashauna Hill, Executive Director at the Louisiana Fair Housing Action Center.
- Remarks by Demetria McCain, Principal Deputy Assistant Secretary, Office of Fair Housing and Equal Opportunity, HUD
- Remarks by Elly Kugler, Senior Council, Office of General Counsel, HUD
- Introduction of panelists:
- Ryan Weyandt, CEO, LGBTQ Real Estate Alliance
- Karen L. Loewy, Senior Counsel, Lambda Legal
- Shivaughn Ferguson, Director of Fair Housing, Housing Opportunities Made Equal of Virginia (HOME of VA)
- Developing cultural competency with the LGBTQ community, including resources
- The evolving state of the LGBTQIA glossary
- What Bostock means for fair housing
- How the Fair Housing Act applies to discrimination based on SOGI
- Prima facie case standards to establish discrimination based on SOGI
- Key cases involving SOGI
- Tools to conduct testing and investigations of discrimination based on sexual orientation or gender identity
A video of the forum has been posted on this page, along with a transcript of the conversation and a robust resources list for your continued reference.
- Understand the President's Executive Order 13988
- Increase cultural competency about the LBGTQI community
- Recognize what Bostock means for fair housing
- Describe the applicable sections of the Fair Housing Act and Regulations
- Understand the prima facie case standards
- Recognize some key case examples
- Apply tools to conduct investigations of discrimination based on sexual orientation or gender identity
This forum is targeted to Fair Housing Initiatives Program (FHIP) organizations, Fair Housing Assistance Program (FHAP) agencies, legal services providers, agencies that provide services to the LGBTQI community, housing providers, and other interested fair housing partners.
Glossary of Terms, The Human Rights Campaign
A glossary of terms intended to provide people with words and meanings to help make conversations about sexual orientation and gender identity more comfortable.
LGBTQIA Resource Center Glossary
A glossary to provide people with a better understanding of terms related to sexual orientation, gender identity, and other related concepts. other related concepts.
Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
Date Published: January 20, 2021
This Executive Order, signed by President Biden on January 20, 2021, requires all federal agencies to extend existing protections on the basis of sex to include sexual orientation and gender identity.
HUD Memo of 2/11/2021: Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act
Date Published: February 11, 2021
A U.S. Department of Housing and Urban Development (HUD) memorandum that states HUD will enforce the fair housing act to prohibit discrimination on the basis of sexual orientation and gender identity.
Bostock v. Clayton County, Georgia
Date Published: June 15, 2020
In this 2020 U.S. Supreme Court decision, the Court held that the Title VII of the Civil Rights Act of 1964 protects employees from discrimination for being gay or transgender.
A list of LGBTQ related resource links under the following topics: Political, Bisexual, Youth, Military, Transgender, Aging, Legal, and General.
Housing Discrimination and Persons Identifying as LGBTQ
This site provides a general overview of the Fair Housing Act and HUD%u2019s Equal Access Rule. A list of state human right agencies is provided to assist with determining state and local laws prohibiting state and local laws prohibiting discrimination on the basis of sexual orientation and/or gender identity.
A Paired-Testing Pilot Study of Housing Discrimination against Same-Sex Couples and Transgender Individuals
Date Published: June 30, 2017
A paired-testing research study in 3 major metropolitan areas published by the Urban Institute aimed at documents the process and findings of gay, lesbian and transgender couples seeking rental housing compared to heterosexual couples.
Opening Doors: An Investigation of Barriers to Senior Housing for Same-Sex Couples
Date Published: February 26, 2014
This report documents the results of 200 matched-pair telephone tests conducted by the Equal Rights Center (ERC) that inquired about housing in a senior living facility for a same-sex couple. In 48 percent of the tests, at least one form of adverse differential treatment was experienced, as compared to a counterpart tester inquiring about housing for a heterosexual couple.
Job Aid: LGBTQ : Fostering Understanding and Strengthening Fair Housing for All - Understanding Concepts and Terms
Date Published: April 2021
This job aid includes level-setting information discussed in the LGBTQ : Fostering Understanding and Strengthening Fair Housing for All NFHTA Forum, including the concepts and spectrums of sexual orientation and gender identity, preferred pronouns, and common fair housing violations in the LGBTQ community.
National Fair Housing Forum - LGBTQ : Fostering Understanding and Strengthening Fair Housing for All
Date Published: April 14, 2021
This forum focused on preventing and combating housing discrimination on the basis of sexual orientation and gender identity. Speakers discussed how, together, we can all ensure equal access and fair housing for the LGBTQ community.
HUD Leadership Remarks
Principal Deputy Assistant Secretary
Office of Fair Housing and Equal Opportunity, HUD
Office of General Counsel, HUD
Louisiana Fair Housing Action Center
Director of Fair Housing
Housing Opportunities Made Equal of Virginia (HOME of VA)
Karen L. Loewy
LGBTQ Real Estate Alliance
About the Forums
Forums are online conversations designed to allow multi-directional interactions between HUD and its FHIP and FHAP partners around emerging fair housing issues regarding processing complaints, conducting investigations, and managing agencies. Topics will evolve based on partner needs and interests.
Disclaimer: The National Fair Housing Forum webinar series provides training by and to HUD partners, including entities and persons participating in HUD's FHAP Program and FHIP Program. The series offers multidirectional idea sharing in real-time. The views offered by speakers and participants do not necessarily reflect HUD's views. Similarly, unless otherwise noted, documents provided as part of the webinar were created and maintained by other public and private organizations and may not reflect HUD's official position. HUD-produced guidance documents, except when based on statutory or regulatory authority or law, do not have the force and effect of law and are not meant to bind the public in any way. Such guidance documents are intended only to provide clarity to the public regarding existing requirements under the law or HUD policies. The information is not intended to provide legal advice to any individual or entity. Please refer to relevant laws and regulations and/or your own legal advisor before taking any action based on information appearing on this site or any site to which it may be linked. Some materials have been translated into languages other than English; slight variations may have resulted from the translation.
Tags: Fair Housing NFHTA