Gender (Sex)
FAIR HOUSING & GENDER (SEX)
Gender discrimination under fair housing laws includes treating someone differently because they are male or female. It is also illegal for landlords and other housing providers to treat in-place residents differently because of their sex.
Recent guidance issued by the federal government also protects persons from housing discrimination due to their gender identity under the federal protection of gender. Gender discrimination takes many forms: discrimination due to domestic violence status, discrimination due to gender identity or expression, and sexual harassment.
WHAT DOES GENDER-BASED HOUSING DISCRIMINATION LOOK LIKE?
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Sexual harassment by the landlord or landlord’s agents or employees.
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Delay or denial of home loans, or less favorable terms, to pregnant women or on maternity leave.
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Taking negative actions against survivors of domestic violence because of the actions of their abusers; (i.e. One-strike-you’re-out policies which unfairly impact survivors of domestic violence by keeping them from being able to reach out for help or assistance.
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Rental criteria (employment, credit, income) have a tendency to disfavor female applicants.
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Having rules or policies applied differently to you due to your gender.
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Advertising that indicates a preference for women or men (it may be legal to advertise for housemates of the same sex when housemates share common living areas)
If you think you have been the victim of housing discrimination because of your gender, please contact us for assistance.
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RESOURCES
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) RESOURCES
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Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime - HUD Guidance - SEPTEMBER 13, 2016
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Implementation of Executive Order 13988 on the Enforcement of the Fair Housing Act - HUD Memo - February 11, 2021
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Assessing Claims of Housing Discrimination against Victims of Domestic Violence under the Fair Housing Act (FHAct) and the Violence Against Women Act (VAWA) - HUD Memo dated February 9, 2011
OTHER NATIONAL RESOURCES:
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Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation | The White House - January 21, 2021
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The Rights of Domestic Violence Survivors in Public and Subsidized Housing - ACLU- Women's Rights Project Website
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HUD, HHS, and DOJ Joint Letter Regarding Immigrant Access to Housing and Services - Letter Dated August 5, 2016
NYS AND OTHER RESOURCES:
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A Paired-Testing Pilot Study of Housing Discrimination against Same-Sex Couples and Transgender Individuals | HUD USER - PD&R - Posted February 10, 2021
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FACT SHEET: FAIR HOUSING IN REGARDS TO SEXUAL ORIENTATION & GENDER IDENTITY - The Fair Housing Center of Southeast & Mid Michigan
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HUD Announces New Approach to Sexual Orientation and Gender Identity Discrimination Under the Fair Housing Act – Equal Rights Center - Article By Nick Adjami March 9, 2021
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LGBTQ+ Discrimination and HUD Equal Access and Gender Identity Rules Fair Housing Project of Pennsylvania
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Discrimination Based on Sexual Orientation & Gender Identity or Expression | Division of Human Rights - NYS DHR WEBSITE
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Gender Expression Non-Discrimination Act (GENDA) - NYS DHR Guidance