On August 20, 2014, HUD’s Office of Public Housing issued Notice PIH 2014-20. This notice implements the HUD program rule requiring equal access without regard to sexual orientation or gender identity, is applicable to all PHAs, and remains in full force and effect until amended, superseded, or rescinded.
The notice is based on the final rule on this issue, which was published in the Federal Register on February 3, 2012.
Highlights of the notice include:
- A requirement that PHAs amend the definition of “family” in their Admissions and Continuing Occupancy Policy (ACOP) to comply with the rule;
- Specifies the procedure for a PHA to receive complaints alleging violation of the rule. This includes notification of the complaint to those who are alleged to have violated the rule, as well as informing the complainant that the alleged violators have been so informed. The PHA is responsible for investigating the complaint;
- Establishes that private owners participating in the Housing Choice Voucher (HCV) program are responsible for complying with the rule once they enter in to a Housing Assistance Payments (HAP) contract with the PHA;
- Establishes that PHAs may make inquiries about gender for the purposes of recertification (HUD 50058), or to determine an appropriate number of bedrooms.
The Notice follows the Final Rule in advising that it does not amend the Fair Housing Act, and that Lesbian, Gay, Bisexual, or Transgendered (LGBT) individuals are not specifically protected under the Fair Housing Act. However, the Notice does state that, “….Courts have recognized that the Fair Housing Act’s prohibition against discrimination because of sex includes discrimination based on non-conformance with sex stereotypes, and HUD’s Office of Fair Housing and Equal Opportunity will investigation equal access complaints to determine if the Fair Housing Act is implicated. The Notice acknowledges that LGBT individuals may also be protected under state law.
The full notice can be found here.