Addressing LGBT Homelessness and Housing Discrimination Through Federal Policy Increasing Access to Fair Housing for LGBT Communities through New HUD Initiatives and Community and State Agency Collaboration April 2014

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LGBT 101: Defining Terms Let’s start by defining some terms we use often to make sure we have a common vocabulary. Lesbian, gay, and bisexual are sexual orientations. These are classifications based on the gender or genders of the people someone is physically, romantically and/or emotionally attracted to. Remember – you cannot determine a person’s sexual orientation by looking at them. Lesbian, gay, and bisexual people look, dress, and behave all different ways.

LGBT 101: Defining Terms Transgender is often used as an umbrella term to describe a wide range of identities and experiences related to gender, and is used to refer to many different people, including transsexual people; cross dressers; androgynous people; and other people whose appearance or characteristics are perceived to be gender atypical. In order to avoid confusion, we will use the term gender nonconforming to refer to this broad range of identities and reserve the term transgender to refer to people whose gender identity does not match their gender assigned at birth

Defining Terms, con’t Gender identity Gender expression Intersex One’s internal feeling of being male or female (or sometimes in between) Gender expression social and behavioral characteristics culturally associated with maleness and femaleness Intersex Refers to a person who was born with a reproductive or sexual anatomy and/or chromosome pattern that doesn’t seem to fit typical definitions of male or female. An intersex person may have any gender identity or sexual orientation.

Defining Terms, con’t Gender transition is the process by which transgender people move towards living in the correct gender identity. Some have medical treatment, some do not Will usually involve taking estrogen/testosterone Identification documents are not always changed Experiences and transitions for transgender people are different, but often very difficult. Depending on a number of factors, including a person’s economic and other resources, discrimination against them can cause a spiral of other problems.

Sexual Orientation and Gender Identity/Expression Are Different Sexual orientation refers to the relative genders of a person’s partners heterosexual gay or lesbian bisexual Transgender people can have any of these sexual orientations Transgender is not a sexual orientation, it is a gender identity Thus, knowing that someone is a member of the LGBT community does not necessarily tell you what their family may look like.

Homelessness and Housing Discrimination in the LGBT Community Present a Devastating Problem Because of the lack of nationwide data collection efforts, it is impossible to assess the full extent, but recent studies illustrate a serious problem According to a 2001 study by the Kaiser Family Foundation, 34% of LGB people reported experiencing housing discrimination based on sexual orientation According to a 2006 Michigan study, 27% of same-sex test couples encountered discrimination based on sexual orientation

Homelessness and Housing Discrimination Present a Devastating Problem in the LGBT Community According to a ground-breaking study prepared by the National Center for Transgender Equality and the National Gay and Lesbian Task Force in February of last year, 19% reported being refused a home or apartment and 11% reported being evicted because of their gender identity or expression. One in five respondents experienced homelessness because of their gender identity or expression.

Factors Contributing to Homelessness and Housing Insecurity in the LGBT Community The Fair Housing Act does not prohibit discrimination in the rental or sale of property While there is a patchwork of state and local laws that protect LGBT people and families from housing discrimination in some jurisdictions, federal protections are needed to fully protect the community. Many LGBT youth are kicked out of their homes or leave because of lack of family acceptance of their LGBT identities. According to a study by the National Gay and Lesbian Task Force, of the estimated 1.6 million homeless youth, between 20-40% identify as LGBT.

Factors Contributing to Homelessness and Housing Insecurity in the LGBT Community Because of lack of federal protection from employment discrimination, LGBT people face higher unemployment and are thus more likely to be homeless and housing insecure According to the study by NCTE and the Task Force, 90% of transgender respondents faced employment discrimination and are 4x more likely to be homeless than the general population

Federal Legislative Fixes Needed to Address the Problems Revise the Fair Housing Act to prohibit discrimination based on sexual orientation and gender identity Pass the Every Child Deserves A Family Act, prohibiting discrimination in adoption and foster care services based on sexual orientation, gender identity, and marital status to make sure more LGBT youth can find safe and loving permanent homes Pass the Employment Nondiscrimination Act prohibiting discrimination based on sexual orientation and gender identity in employment Pass legislation prohibiting discrimination in credit and lending based on sexual orientation and gender identity

Recent Developments with HUD While the only way to fully protect the LGBT community from housing discrimination is to amend the Fair Housing Act to explicitly prohibit discrimination based on sexual orientation and gender identity, significant work is being done on the agency level to protect the LGBT community. NCLR is proud to be HUD’s lead partner on the work it has done to combat housing discrimination based on sexual orientation and gender identity.

Recent Developments with HUD In June 2010, HUD amended its rules to require all applicants seeking HUD funding to comply with relevant state and local laws that protect LGBT individuals In July 2010, HUD issued guidance explaining that discrimination “because of sex” included discrimination because of nonconformity with sex stereotypes, which extended important protections for gender nonconforming individuals, particularly transgender people. Most recently, HUD published its Equal Access Rule, which establishes crucial federal protections against anti-LGBT housing discrimination.

Protecting the LGBT Community from Housing Discrimination Depending on the type of discrimination experienced and the type of housing sought, there are different mechanisms available to protect the LGBT community from housing discrimination: The Fair Housing Act Discrimination based on nonconformity with sex stereotypes is prohibited by the Fair Housing Act in the sale or rental of any housing. The Equal Access Rule Discrimination based on sexual orientation or gender identity is prohibited in HUD programs and public housing.

HUD Equal Access Rule Proposed rule published Monday, January 24, 2011 in Federal Register (Vol. 76, No. 15). In response, HUD received an overwhelmingly positive response from the hundreds of comments submitted during the comment period. The final rule went into effect on March 5, 2012.

HUD Equal Access Rule The rule will open access to housing for LGBT individuals and families in four ways: First, the rule prohibits discrimination based on sexual orientation and gender identity in all housing that is financed or insured by HUD.

HUD Equal Access Rule Second, it prohibits owners and operators of HUD-funded or HUD-insured housing from inquiring about an applicant’s sexual orientation or gender identity for the purpose of denying housing on that basis. However, this information may be volunteered by an applicant or collected by advocates for the purposes of data collection on the LGBT community. The rule allows these inquiries for the limited purposes of making otherwise lawful sex- segregations or for the purpose of determining how many bedrooms to allot for a household.

HUD Equal Access Rule Third, the rule clarifies that the term “family” includes LGBT individuals, couples, and their families (regardless of biological or legal relationship) as eligible beneficiaries of HUD’s public housing and voucher programs – programs that collectively serve 5.5 million people. Finally, the rule prohibits the consideration of sexual orientation and gender identity in granting any FHA-insured mortgage. FHA-insured mortgages represent a very large share—between 40% and 50% of the mortgage market. 2/16/2019

Additional Notes About Enforcement This is a program rule, so enforcement will be handled through the HUD and therefore does not grant a private right of action to those who have faced discrimination. Complaints can be submitted via phone at toll-free: 1 (800) 669-9777 or online at http://portal.hud.gov/hudportal/HUD?src=/topics/housing _discrimination This rule is applicable to all HUD housing providers regardless of religious affiliation. 2/16/2019

A Final Note About Shelters HUD plans to take up the issue of homeless shelters in more detail in the future. But this rule does provide some guidance for shelter providers: Shelters may continue to segregate based on gender. Shelters may not refuse to provide services to any person based on sexual orientation or gender identity.

A Final Note About Shelters The transgender community faces significant barriers to accessing homeless shelters. According to the survey by NCTE and the Task Force, 29% of transgender respondents reported having been turned away from a shelter because of their gender identity. The same survey reported that 42% of transgender respondents were forced to live as the wrong gender at a shelter. Many chose to sleep on the streets to avoid being forced into the wrong housing facilities. The following are best practices, which are both consistent with the Equal Access Rule and will allow transgender residents equal access to shelter services.

Best Practices for Shelters All people should be housed in sex-segregated facilities according to their gender identity without regard to their medical history. Intake coordinators or other shelter staff should never ask for documentation or any proof of a person’s stated gender. Shelter staff should be conscious of the safety and comfort of transgender shelter-seekers. Never disclose the fact that a person is transgender to other residents. It is appropriate to make certain accommodations available for the comfort and safety of a transgender shelter-seeker, for example, access to a single-use bathroom. However, such accommodations should be provided on a case-by-case basis and should not be a blanket policy for all transgender shelter seekers.

Contact us Please contact us with any questions or comments or if you would like a copy of this presentation: Maya Rupert: mrupert@nclrights.org

With Thanks For Your Attention