The Final Rule took effect in 2012 following publication in the Federal Register
“Proud that HUD has been a leader in” the fight, former HUD Secretary Donovan announced publication of a final rule “to ensure that HUD’s core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity.”
The rule, which took effect 30 days after publication, requires owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, to make housing available without regard to the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner;
- Prohibits lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing;
- Clarifies that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, will have the opportunity to participate in HUD programs; and
- Prohibits owners and operators of HUD-assisted housing or housing insured by HUD from asking about an applicant or occupant’s sexual orientation and gender identity for the purpose of determining eligibility or otherwise making housing available.
The rule insures “that HUD’s housing programs are open, not to some, not to most, but to all,” the Secretary said.
See the final rule here.
See the Presidential Memorandum here
See a 2013 Estimate of Discrimination AgainstSame-Sex Couples here
Note: This is not a change to the federal Fair Housing Act; with this notice, all HUD-funded ‘core’ programs will extend protections to LGBT households. Although the state of Idaho does not recognize familial status, sexual orientation or gender identity in its fair housing laws, the federal Fair Housing Act trumps state law when it comes to familial status.
Update 10.15.2014: The Ninth Circuit Court and Supreme Court paved the way for same-sex marriage to take place in Idaho and several other states in the fall of 2014. Depending on where one lives in Idaho, there are many different levels of protection from discrimination based on sexual orientation and/or gender identity. For an overview of laws and ordinances, see Idaho’s Unfinished Quilt of LGBT Protections in The Boise Weekly. And congratulations to all the newlyweds in Idaho!
