Housing Discrimination Protections for LGBTQ+ Renters

LGBTQ+ renters have legal protection against housing discrimination. These protections aim to ensure equal access to housing and reduce homelessness. They also prevent unfair treatment during a tenancy.

But LGBTQ+ renters face unique challenges. Discrimination may involve refusal to rent, wrongful eviction, or harassment. Know your rights. Anti-discrimination laws include ways to hold a landlord or housing provider accountable.

This article answers the following questions related to housing nondiscrimination laws for LGBTQ people:

• What is LGBTQ housing discrimination?
• How do federal laws protect LGBTQ+ tenants?
• How do state laws protect LGBTQ+ tenants?
• What are housing vouchers for LGBTQ+ renters?
• How can I prove housing discrimination?
• How can I file a housing discrimination complaint?

What Is LGBTQ Housing Discrimination?

Illegal housing discrimination can result from actual or perceived attributes, including:

• Gender identity
• Sexual orientation
• HIV/AIDS status

Even if a renter is not part of the LGBTQ community, they also have protections if a housing provider assumes they are.

Examples of LGBTQ Housing Discrimination

Rental housing discrimination can include the following examples:

• A housing provider refuses to rent a house to a same-sex couple although they will rent to a heterosexual couple.
• A 55+ community rejects a gay man's request to add a same-sex partner to their lease. The manager says she doesn't consider their marriage legal.
• A building superintendent makes sexually harassing remarks to a tenant because she is a lesbian.
• A landlord evicts a tenant because they think the person is bisexual and may have AIDS.
• A HUD-funded transitional housing program refuses to house transgender people because other residents would be uncomfortable.

Many housing acts can be discriminatory — both before and during a lease. Discrimination might happen when you apply for a rental unit or housing assistance. It can also occur while you live in a rental property.

Federal Laws Protect LGBTQ+ Tenants

At the federal level, you can find protections for renters in the following:

• Federal Fair Housing Act
• Bostock ruling
• The U.S. Department of Housing and Urban Development (HUD) Equal Access Rule

Federal Fair Housing Protections

The Federal Fair Housing Act (42 U.S.C. 3601) prohibits discrimination by providers of housing, such as landlords and real estate companies. The FHA specifically prohibits discrimination on the basis of:

• Race or color
• Religion
• Sex
• National origin
• Familial status
• Disability

While this federal law does not specify sexual orientation or gender identity, it provides the foundation on which the right to be free from such discrimination has been built.

What Your Landlord Can’t Do Under FHA

According to the federal Fair Housing Act, a landlord may not:

• Advertise or express a preference for or against a tenant because they are in a protected category
• Refuse to rent to people in a protected category
• Falsely deny that a rental unit is available
• Set more restrictive standards for selecting or renting to tenants because they are in a protected category
• Terminate a tenancy for a discriminatory reason (such as finding out that a tenant is gay)

FHA housing discrimination protection applies to all public housing but exempts some private properties:

• Owner-occupied buildings with four or fewer rental units
• Single-family homes that are rented without the use of advertising or a real estate broker (unless the landlord owns more than three homes)
• Housing operated by religious organizations or private clubs that limit occupancy to their own members

Bringing an FHA Complaint

The Fair Housing Act defines procedures for handling complaints of discrimination. A fair housing complaint can be filed with HUD. Or, a victim can bring a discrimination lawsuit in federal or state court. The Department of Justice can also bring a lawsuit forward with a referral from HUD.

The Bostock Ruling Expanded the Definition of Discrimination

Before the Supreme Court's Bostock opinion, at least 20 states prohibited discrimination on the basis of sexual orientation or gender identity in some credit transactions.

Then in 2020, in the case of Bostock v. Clayton County, Georgia, the Supreme Court explicitly looked at sex discrimination laws, civil rights, and protected classes on the basis of sexual orientation and gender identity.

The Court decided that Title VII of the Civil Rights Act, which forbids discrimination in the workplace on the basis of sex, would also forbid discrimination because of sexual orientation or gender identity.

The court specifically said its reasoning should not extend to other statutes that prohibit discrimination based on sex. Other courts concluded, however, that the Bostock reasoning also applied to other statutes.

Revocation of Executive Order No. 13988

In 2021, the Biden Administration issued Executive Order No. 13988 (EO 13,988), which stated that: “Under Bostock's reasoning, laws that prohibit sex discrimination . . . also prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary." 

This included the Fair Housing Act, Title IX, Section 1557 of the ACA, and the Equal Credit Opportunity Act (ECOA). This Executive Order protected the LGBTQ+ community from a variety of discriminatory practices.

However, President Donald Trump revoked EO 13988 on the first day of his second term in 2025. This action ended the directive that federal agencies should enforce this interpretation of sex discrimination.

Yet, the revocation of EO 13988 did not overturn the ruling in Bostock. It also does not end anti-discrimination laws protecting LBGTQ+ renters. Other protections still exist at the federal, state, and local levels. There also could be future cases that expand the precedent set by Bostock.

How HUD's Equal Access Rule Protects Renters

HUD's General Counsel concluded that Bostock applied to the FHA. They share a goal of “eradicat[ing] discriminatory practices."

HUD had already been enforcing an Equal Access Rule that:

• Prohibited landlords and housing providers from discriminating on the basis of actual or perceived sexual orientation or gender identity
• Prohibited housing programs from denying housing because of actual or perceived HIV/AIDS status (based on the Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act)

HUD issued three program rules that constitute its Equal Access Rule:

• Equal access to housing regardless of actual or perceived sexual orientation, gender identity, or marital status
• Equal access to housing for Native American and Native Hawaiian people regardless of sexual orientation or gender identity
• Equal access in accordance with an individual's gender identity in community planning and development programs

Providers that operate single-sex projects must recognize the gender identity of transgender individuals. They must provide the same access to programs, benefits, services, and accommodations. For example, the provider must include transgender women in women-focused programs.

State Laws for Fair Housing

LGBTQ+ renters may have more protections under state and municipal fair housing laws. These laws often cover properties or situations that are exempt under federal fair housing law. Check your state fair housing agency for details.

State Human Rights and Civil Rights Laws

Some states offer protection through a statewide Human Rights Act or a Civil Rights statute. These laws often resemble or expand the federal Fair Housing Act.

For example, Minnesota's Human Rights Act has protections similar to the FHA. However, it adds sexual orientation and marital status as protected classes. The Human Rights Act also extends the type of housing providers. It includes owner-occupied fourplexes and, in some cases, those who rent out rooms in their homes.

Municipal Action

Municipalities (such as cities and towns) can also issue their own protections. These actions are especially common in densely populated areas, such as New York City. Yet, housing protections also exist in many non-urban areas.

To continue the example above, Minnesota encourages cities to have a designated Fair Housing Officer. This person is in charge of receiving fair housing complaints and providing referral information.

Cities might identify a need for additional protections for a particular group of people. They could consider passing a fair housing ordinance with additional protected classes. For example, a local jurisdiction could add age to their local city ordinance.

Housing Vouchers for LGBTQ+ Renters

Housing voucher programs may be available to some LGBTQ+ renters. This type of housing assistance helps low-income individuals and families afford rent. Vouchers aim to reduce the systemic challenges that certain groups of people face.

The government, nonprofits, and private organizations may offer housing vouchers. HUD runs the largest federal housing voucher program. Some programs focus more specifically on helping the LGBTQ community in a local area. These programs may also provide counseling and other resources tailored to LGBTQ+ issues.

There are different types of vouchers, including:

• Housing Choice Vouchers (HCVs): The tenant secures their own housing and applies the voucher to their rent. This type of voucher is portable, which means it can still apply if the tenant moves to a different property.

• Project-Based Vouchers (PBVs): The assistance is specific to a unit or building. These vouchers keep the cost of rent low for any tenant who lives in the unit. If the tenant moves out, the voucher stays attached to the property.

LGBTQ+ housing voucher applicants must meet a program’s eligibility requirements. For example, their household income must usually be below a certain limit. Many voucher programs often have a long waiting list of applicants. Even if you qualify, funding and availability may be limited. Housing assistance programs must also follow nondiscrimination laws.

If you need housing assistance as an LGBTQ renter, research federal and local programs. Tenant resources like rent vouchers may help provide support.

How Can I Prove Housing Discrimination?

Proving a housing discrimination case involves gathering evidence and filing a complaint. Renters can also work with a civil rights lawyer to support their case.

Evidence of LGBTQ+ discrimination depends on the facts of your case. Potential signs of discrimination can include:

• Application forms or advertisements that are exclusionary or discouraging to LGBTQ applicants
• Invasive questions about your sexuality, body, or intimate relationships during the background screening or tenancy
• Use of slurs, derogatory language, and other harassment in verbal or written communications
• Unequal application of the rules, such as forcing LGBTQ residents to follow the rules for quiet hours and guest limits but not their neighbors
• Unequal pricing, such as higher rates than the listing, steeper rent increases, or a larger security deposit

Documenting these signs may help prove an action was discriminatory. Photos, screenshots, and witness testimony are often part of supporting a discrimination claim.

How To File a Housing Discrimination Complaint

Have you been the victim of housing discrimination because of your sexual orientation, gender identity, or HIV/AIDS status? Contact HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 to file a complaint.

You can also contact a local civil rights attorney to bring a case against the housing provider.