HUD Backs Trans Couple

So this is cool news: a trans person and her partner were evicted from their housing, and…

 More than a year later, the Justice Department followed through on filing the case, which seeks any injunction restoring the couple’s housing, barring discrimination against them, and awarding them unspecified money damages.

     Transgender Equality’s director of policy Harper Jean Tobin said in an email that she was not aware of any other case in which the HUD has gone to court over anti-transgender discrimination.

     “The U.S. Departments of Justice and Education recently settled an administrative complaint brought under Title IX by a transgender student in California – the case was investigated by the two departments but the settlement kept it from ever going to court,” Tobin wrote.

Although every time I read a similar story I’m still always stuck thinking about how exactly stupid it is that, as a country, it’s still okay to deny people housing (or anything else) based on their genders.

From NCTE: New HUD Rules

The National Center for Transgender Equality applauds President Obama and the U.S. Department of Housing and Urban Development (HUD) for proposing new regulations, unveiled today, that would ensure that HUD’s programs would be open to all who need them, regardless of sexual orientation and gender identity. This means that all of HUD’s core programs, such as Public Housing, rental vouchers (called Housing Choice vouchers), and FHA home financing, will serve all those who are eligible.
Data from a forthcoming report on transgender discrimination in the United States, co-sponsored by NCTE and the National Gay and Lesbian Task Force, was cited as evidence demonstrating the dire need for housing protections for the transgender community.  Nineteen percent (19%) of the survey’s more than 6,000 respondents had been denied a house or apartment because of their gender identity, while 11% had been evicted due to bias. The full report will be released in a matter of weeks.

“There are so many individuals and families who rely on HUD’s programs to ensure that they have a roof over their heads and that they can make ends meet,” noted NCTE’s executive director, Mara Keisling. “And yet far too often, they have encountered discriminatory landlords and regulations that make it impossible for them to have a fair deal. HUD’s strong stand against discrimination will make a concrete difference in the lives of transgender people and our families. Every American needs and deserves a home.”

If the rules proposed today are fully implemented after the 60 day public comment period, transgender people facing discrimination in public housing or public housing financing will have recourse to fix the problem. The new regulations would include definitions of sexual orientation and gender identity, ban landlords from asking about sexual orientation or gender identity, prohibit lenders from discriminating on that basis, and clarify that public housing programs are open to LGBT families who are otherwise eligible for them.

This is far from HUD’s first advance in transgender equality. Thus far, the Obama Administration has announced that they will conduct the first-ever national study of housing discrimination against LGBT people. They have also issued fair housing guidance that specifically clarified that discrimination against transgender people can be considered a violation of the Fair Housing Act. In addition, HUD has ruled that those who receive HUD discretionary funding must abide by state and local anti-discrimination laws.

NCTE will continue to follow HUD’s progress through the comment period.

Housing Discrimination Protections

A transgender apartment-hunter thought he’d found a perfect place in Baltimore. But when he showed up, the woman raised the rent by $100 over the advertised price, said she would only take cash and was clearly uncomfortable.

Last year, the Task Force joined forces with the National Center for Transgender Equality to survey 6,456 transgender people. An alarming 11 percent reported having been evicted because of their gender identity and 19 percent said they’d become homeless, the survey found. And while 68 percent of Americans own a home, only 32 percent of transgender Americans have achieved that level of security in their living arrangements.

Of course, gay, lesbian and bisexual Americans are also frequently the victims of housing discrimination. Using testers posing as would-be renters or buyers, the Michigan Fair Housing Centers reported in 2007 that 27 percent of same-sex couples were treated differently: “We found differences in rental rates, level of encouragement and application fees that favored the male/female test teams. We also saw behavior bordering on sexual harassment directed toward testers posing as same-sex couples,” the group noted . . .

Likewise, the Kaiser Family Foundation reported in 2001 that 34 percent of lesbians, gays or bisexuals said “they or someone they know” had experienced discrimination while trying to rent an apartment or buy a house . . .

Nothing in federal law prohibits refusing to rent or sell to those of us who are gay, lesbian, bisexual or transgender. And as Rep. Jerry Nadler, a New York Democrat, recently stressed, “Housing discrimination remains a persistent problem in our country.”

Nadler recently introduced legislation to amend the Fair Housing Act to add sexual orientation and gender identity to the protected categories. Enacted in 1968 to outlaw housing discrimination based on race, color, religion or national original, the measure has gradually been expanded to also cover sex, disability and familial status. House Judiciary Committee Chairman John Conyers, D-Mich., is co-sponsoring Nadler’s drive for a much-needed upgrade.

Read the whole article here.