Another Obama Administration ‘Crumb’- HUD Housing Nondiscrimination Rule To Be Enacted

The rainbow fixated on gay marriage only detractors of President Obama or busy selling out to the GOP were loud about hollering ‘crumbs’ every time the administration made regulatory or policy changes that positively impacted this community.

Well, here’s another ‘crumb’ they can gripe and mumble incoherently to themselves about.   

The Federal Housing Administration announced today in a press release they have released the final text of HUD’s new nondiscrimination rule that will prohibit discrimination based on gender identity and sexual orientation in several HUD programs including Title VIII based public housing and FHA backed loans.

It was also announced during the just concluded Creating Change conference in Baltimore by HUD Secretary Shaun Donovan.

According to HUD the new nondiscrimination rule will:

  • 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-occupied.  HUD
    will institute this policy in its rental assistance and homeownership
    programs, which include the Federal Housing Administration (FHA)
    mortgage insurance programs, community development programs, and public
    and assisted housing programs.
  • Prohibits lenders from using sexual orientation or gender identity
    as a basis to determine a borrower’s eligibility for FHA-insured
    mortgage financing.  FHA’s current regulations provide that a mortgage
    lender’s determination of the adequacy of a borrower’s income “shall be
    made in a uniform manner without regard to” specified prohibited
    grounds.  The rule will add actual or perceived sexual orientation and
    gender identity to the prohibited grounds to ensure FHA-approved lenders
    do not deny or otherwise alter the terms of mortgages on the basis of
    irrelevant criteria.
  • Clarifies that all otherwise eligible families, regardless of
    marital status, sexual orientation, or gender identity, will have the
    opportunity to participate in HUD programs. In the majority of HUD’s
    rental and homeownership programs the term “family” already has a broad
    scope, and includes a single person and families with or without
    children.  HUD’s rule clarifies that otherwise eligible families may not
    be excluded because one or more members of the family may be an LGBT
    individual, have an LGBT relationship, or be perceived to be such an
    individual or in such relationship.
  • 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. In response to
    comments on the proposed rule, HUD has clarified this final rule to
    state that this provision does not prohibit voluntary and anonymous
    reporting of sexual orientation or gender identity pursuant to state,
    local, or federal data collection requirements.

The rule will be published in the Federal Register and will take effect 30 days after its publication.


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