Discrimination on the Basis of Sexual Orientation and Gender Identity

On February 11, HUD issued a memorandum to implement the policy set forth in President Biden’s Executive Order 13988 on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. In it, HUD announced that it will administer and fully enforce the Fair Housing Act, which prohibits discrimination on the basis of sexual orientation or gender identity. Specifically, the memorandum directs HUD to accept and investigate all jurisdictional complaints of sex discrimination and enforce the Fair Housing Act where discrimination occurs.

The memorandum also states that HUD will “conduct all activities involving the application, interpretation, and enforcement of the Fair Housing Act’s prohibition on sex discrimination consistent with its conclusion that such discrimination includes discrimination because of sexual orientation and gender identity.” State and local jurisdictions funded by HUD’s Fair Housing Assistance Program will be required to enforce the Fair Housing Act, as will organizations and agencies that receive grants through the HUD’s Fair Housing Initiative Program. HUD’s Office of Fair Housing & Equal Opportunity, in partnership with its Fair Housing Assistance Program Agencies and Fair Housing Initiatives Program Grantees, will review – within 30 days – all allegations of sex discrimination received since January 20, 2020. To read HUD’s press release announcing the memorandum, click here.

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