This week I am teaching our new Fair Housing Specialist course for the first time. It is a subject I am very passionate about. Each of our compliance certification courses ends with a short overview of civil rights and non-discrimination laws, and each time I reach the end of that section, I feel like my job isn’t finished. Not only does the topic of Fair Housing beg more than 30-45 minutes of discussion, but the Fair Housing laws themselves just aren’t up to date.
The Fair Housing Act has not been amended since 1988. Yet since then, a growing group of Americans has experienced discrimination due to its sexual orientation, gender identity, or marital status. We have seen many states, cities, and localities react to this and incorporate new protected classes into their local Fair Housing laws, but the Fair Housing Act itself has remained unchanged.
On Feb. 3, 2012, HUD made a bold move to ensure that discrimination based on sexual orientation, gender identity, or marital status does not happen in HUD programs by publishing a Final Rule entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation, Gender Identity. The rule, which applies to all HUD-assisted and HUD-insured housing, simply adds 12 words to the definition of Family:
Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status …
And just like that, HUD made it a program violation to inquire about or take into consideration an applicant, resident, or person associated with an applicant or resident’s actual or perceived sexual orientation, gender identity, or marital status in HUD-assisted programs.
On July 13, 2015, HUD issued Housing Notice 2015-06 that clarifies that HUD or your Contract Administrator may review your Tenant Selection Plan and/or other policies and procedures to ensure that you are in compliance with this Final Rule. In addition, the Notice details the penalties and sanctions that can be assessed for noncompliance with this program rule, including debarment, suspension, limited denial of participation, and civil monetary penalties.
In addition, HUD reminds us that while these three categories are not protected classes under Federal Fair Housing laws, a Fair Housing complaint could still be filed under state law or even under the federal protected class of sex.
If you haven’t done so already, it is time to update your policies and procedures to include this new program rule. If you are interested in further Fair Housing training, please join us online for our newest certification course, Fair Housing Specialist.