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What Is the Fair Housing Act? A Guide for LGBTQ+ Homebuyers and Renters

For LGBTQ+ individuals, the process of buying your first home can come with added layers of stress. Beyond the usual financial concerns and paperwork, there can be fears of discrimination, bias, or being treated unfairly. That’s why understanding your legal rights is so important. The Fair Housing Act provides important protections that help ensure a safer and more affirming housing experience. However, many people are not fully aware of how the law applies to the LGBTQ+ community.

This guide will explain what the Fair Housing Act covers, how recent updates have strengthened protections for the LGBTQ+ community, and what to do if you experience discrimination. Whether you’re purchasing your first home or relocating to your dream home, you deserve to feel respected and protected every step of the way.

 

The Fair Housing Act Explained

Understanding how the Fair Housing Act protects LGBTQ+ people is crucial to ensuring equal access to housing in the United States. While the law was originally created to combat racial discrimination in 1968 as part of the Civil Rights Act, its scope now includes protections that benefit the queer community as well.

The Fair Housing Act makes it illegal to discriminate in housing based on:

  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Familial status, such as having children
  • Disability

This means it’s against the law for landlords, real estate professionals, lenders, or sellers to:

  • Refuse to rent or sell a property
  • Offer different terms or conditions
  • Falsely claim that housing is unavailable
  • Provide unequal access to loans or insurance
  • Harass or intimidate someone regarding their housing situation

 

How the Fair Housing Act Applies to LGBTQ+ People

Although the original law did not specifically mention sexual orientation or gender identity, a 2021 announcement from the U.S. Department of Housing and Urban Development (HUD) changed that. HUD confirmed that discrimination based on sexual orientation or gender identity is considered a form of sex discrimination under the Fair Housing Act. This means LGBTQ+ homebuyer rights are now explicitly protected under federal law.

In 2020, the Supreme Court issued a landmark ruling in the case of Bostock v. Clayton County. The Court found that firing someone because they are gay or transgender violates Title VII of the Civil Rights Act, which prohibits sex discrimination in employment. This interpretation helped solidify the legal foundation for HUD’s decision to extend the same reasoning to housing rights.

 

Common Examples of Housing Discrimination

LGBTQ+ renter protections under the Fair Housing Act help ensure that tenants are not denied housing or treated unfairly simply because of who they are. Whether applying for an apartment or renewing a lease, renters are entitled to the same rights as anyone else.

Unfortunately, housing discrimination against LGBTQ+ people is still being faced, even with legal protections in place. Discrimination may be obvious or it may be subtle, making it more difficult to identify. 

Here are some common examples of housing discrimination to look out for:

  • A rental application is denied, even when the applicant meets all qualifications
  • A landlord sets different rental terms or higher fees
  • A mortgage lender offers less favorable loan conditions
  • A buyer is steered away from certain neighborhoods
  • An appraiser gives a property a lower value due to the perceived identity of the buyer or seller
  • A tenant faces harassment from landlords or neighbors because of their gender identity or sexual orientation

Blatant discrimination might include direct comments or a refusal to work with you. More subtle discrimination can look like delays, mixed messages, or inconsistent explanations.

 

What the Fair Housing Act Doesn't Cover

Although the Fair Housing Act is a powerful tool, it does have some limits, including: 

  • Religious Organizations: Religious groups and private clubs that offer housing only to members may not be subject to the law.
  • Owner-Occupied Rentals: If a landlord owns and lives in a building with four or fewer units, the law may not apply.
  • Private Home Sales: A person selling their home with no help from a real estate agent isn’t necessarily obligated to follow the same rules.

On top of this, state and local laws vary. Some states offer more comprehensive protections for LGBTQ+ individuals, while others do not, so be sure to check out which states have legal ramifications for anti-gay housing discrimination.

 

What to Do If You Experience Discrimination

If you believe you’ve experienced housing discrimination because of your sexual orientation or gender identity, filing a housing discrimination complaint is your best course of action. Here are the steps you can take:

1. Gather Evidence

Keep a record of any communication or documentation related to your experience, including any emails, text messages, and written notes; these can all be super useful in your case.

2. File a Complaint with HUD

You can submit a complaint online through the HUD Fair Housing Complaint page, but it must be filed within one year of the incident that you’d like to report.

3. Seek Legal and Community Support

Organizations such as Lambda Legal, GLAAD, and the National Center for Lesbian Rights offer legal resources and advocacy support to LGBTQ+ individuals facing discrimination.

4. Work with an LGBTQ+-Friendly Real Estate Agent

An affirming and knowledgeable real estate agent can protect your interests and guide you through the housing process with respect and understanding.

 

How Gay Real Estate Helps Protect You

Gay Real Estate connects LGBTQ+ buyers and renters with agents who are not only experienced but also LGBTQ+-affirming. We understand the unique challenges our community faces and are here to make the process better and more empowering for you. Our network of agents can:

  • Help you avoid discrimination
  • Ensure you understand your rights
  • Create a positive and respectful home search experience

If you are preparing to take that next step, we also invite you to read our guide to Buying Your First Home.

Finding a place to call home should be a joyful and secure experience, not one shadowed by fear of discrimination. The Fair Housing Act protects the queer community from unfair treatment in housing, giving you the legal backing to stand up for your rights.

But knowing the law is just the beginning. When you advocate for your rights and choose to work with professionals who understand and affirm your identity, you take control of your journey. Whether you're renting your first apartment or buying your forever home, you deserve support from agents who treat you with the dignity and respect you deserve.

Looking to connect with an LGBTQ+-friendly real estate expert who understands your rights and supports your journey? Contact one of our agents today for a friendly and fair home-buying or renting experience.