HUD prohibits discrimination based on sexual orientation or gender identity in federal housing programs

HUD Secretary Shaun Donovan
January 28, 2012 — Shaun Donovan, the Secretary of Housing and Urban Development (HUD), announced a rule that will protect LGBT people against discrimination in federal housing programs.
“I am proud to announce a new Equal Access to Housing Rule that says clearly and unequivocally that LGBT individuals and couples have the right to live where they choose,” Donovan said during his speech at the 24th annual Creating Change conference.
The rule, which will go to into effect 30 days after it is published in the Federal Register, covers HUD-assisted housing and housing whose financing is insured by HUD. Owners and operators of such housing will be prohibited from inquiring about the sexual orientation or gender identity of applicants or occupants.
The rule also protects homebuyers seeking mortgages backed by the Federal Housing Administration (FHA). Lenders will be prohibited from using LGBT status as a basis to determine borrowers’ eligibility.
In his speech announcing the change, Donovan told the story of a Washington State couple, Michelle and Mitch DeShane, whom he said faced discrimination based on gender identity. Donovan said that two years ago Michelle tried to add her husband, a transgender man, to her housing voucher, but her request was denied by the local housing authority, which said the couple did not meet its definition of family.
“That’s just wrong,” Donovan said. “No one should be subject to that kind of treatment or denied access to housing assistance because of their sexual orientation or gender identity.”
This new rule “is just the beginning,” Donovan said. “Training and education are essential to ensuring rules are followed in communities across the country. HUD and its fair housing partners will work to provide guidance and training on the substance of this rule — and the impact it will have for both how we administer HUD programs and also how we enforce our nation’s fair housing laws more broadly.”
National Fair Housing Alliance releases issue brief about fair housing, access to opportunity and the housing crisis
The Promise of the Fair Housing Act and the Role of Fair Housing Organizations
January 26, 2012 — Jorge Andres Soto and Deidre Swesnik of the National Fair Housing Alliance (NFHA) have released an issue brief, “The Promise of Fair Housing and the Role of Fair Housing Organizations,” that explores the ongoing and pervasive nature of discriminatory tactics used to deny housing opportunities to minorities, especially African Americans and Latinos.

Read the entire report (PDF format)
Swesnik, NFHA’s Director of Public Policy and Communications, and Soto, a Public Policy Associate for NFHA, argue that “[d]iscrimination stands in the way of establishing fair housing choice for all people” and that “[w]here we live and our access to fair housing choice directly affect our education and health outcomes and life opportunities.”
Soto and Swesnick report that there are “at least 11,000 incidents of housing discrimination each day throughout the United States” and argue that fair housing groups and government enforcement agencies need far more support to “achieve elimination of housing discrimination in all its forms.”
Discriminatory tactics in housing have resulted in a “disproporationate loss of wealth” for “communities of color,” the authors write, citing a Pew Research Center analysis indicating that between 2005 and 2009 median wealth fell 66 percent among Latino households and 53 percent among African-American households, compared to only 16 percent among white households. Attributable to this loss of wealth are “the disproportionately high rates of foreclosure among people of color,” Soto and Swesnick write, pointing to ”the pedding of high-cost subprime, predatory loans in communities of color.”
The brief concludes with policy recommendations “that must be taken to address barriers to impede full functioning of the existing fair housing framework and to modernize our civil rights infrastructure as it relates to housing and the need for additional protections against discrimination.” The authors argue that the Fair Housing Act should be amended to ban discrimination against people because of their sexual orientation or gender identity or because of their legal source of income.
Katy Crosby named Human Relations Council Acting Director
Tom Wahlrab retiring after 18 years of city service
January 25, 2012 — The Dayton City Commission has appointed Catherine (Katy) Crosby as Acting Director of the Human Relations Council (HRC), effective February 1, 2012. Her appointment follows the planned retirement of HRC Director Tom Wahlrab on January 31.

Katy Crosby
Crosby is currently HRC Assistant Director and is a seven-year City of Dayton employee. As Acting Director, she will assume management responsibilities for the agency charged with investigating discrimination complaints and other responsibilities related to equal opportunity in Dayton.
“We are happy to appoint Katy Crosby as HRC Acting Director,” said Mayor Gary Leitzell. “She has served the Dayton community well and we are confident that she will lead the Council’s important work effectively.”
City Manager Tim Riordan acknowledged retiring HRC Director Tom Wahlrab’s contributions to the City of Dayton during 18 years of service.
“Tom has provided steady, community-focused leadership to the Human Relations Council,” Riordan said. “He has also overseen development of the Welcome Dayton immigrant-friendly city initiative and given that program a strong foundation for continued growth.”
HRC, established by the City Commission in 1962, investigates and adjudicates discrimination complaints, implements the PEP program (providing opportunities to minority- and women-owned businesses as well as small and disadvantaged enterprises), and addresses issues that affect the disabled. HRC also operates special programs associated with the agency’s mission, such as public education programs. In addition to staff, HRC is supported by a 10-member board appointed to three-year terms by the City Commission.
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