Creating Transgender-Inclusive Environments and Implementing Fair Housing and Equal Opportunity Policies and Laws
In creating transgender-inclusive environments, providers must document clear policies in
personnel handbooks and other policy documents, and should publicly post them so that
residents, volunteers, visitors, and staff can view them. Each of the subsequent sections reviews
elements of comprehensive and clear policies. This document does not articulate every aspect
of fair personal treatment and should be viewed as a source of comprehensible reasonings for
housing and anti-discrimination policy. States and many local communities have established
their own rules and regulations related to fair housing to what they deem fair and reasonable in
addition to those established by HUD. Examine HUD’s Fair Housing and Equal Opportunity Policy to get a better concept of their anti-discrimination policies. https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_rights_and_obligations#:~:text=Various%20federal%20fair%20housing%20and%20civil%20rights%20laws,promote%20civil%20rights%20and%20economic%20opportunity%20through%20housing.
Some states have developed their own resources for shelter and housing providers to use in complying with their state fair housing laws. It would be a good idea to go over any and all states who have produced a state-by-state list of fair housing enforcement from HUD's Office of the Fair Housing and Equal Opportunity (FHEO), maintain a state-by-state list of fair housing enforcement authorities so that you will know where to locate them in each state that has fair housing laws and how they are implemented in the community and state.
Many states and cities have also established additional regulations and statutes to create and enhanced protections and consequences for discriminatory actions. Contact your state
fair housing enforcement authority for additional information related to comprehensive fair housing practices and incorporate them into your records and personnel handbooks.
After the administration and contractors are up to date on the required policy changes, the next step is communicating them to residents and fulfilling the obligations of implementing the policy
and its changes if any maintaining policy documentation for the fair housing enforcement authorities
Filing a housing discrimination complaint under the Fair Housing Act
FHEO investigates complaints, helps individuals obtain agreements to resolve complaints, and takes actions as needed to enforce the law.
FHEO investigates complaints, which may be one or both of the following types:
· Discrimination under the Fair Housing Act (including housing that is privately owned and operated)
· Discrimination and other civil rights violations in housing and community development programs, including those funded by HUD.
If you need to file a complaint you have a timeframe to have the complaint submitted no later than a year of the last da
te of the alleged discrimination under the Fair Housing Act.
The Fair Housing Act prohibits discrimination in residential housing and housing-related transactions based on race, color, religion, sex, national origin, disability, and familial status. This applies to housing regardless of the presence of federal financial assistance. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in any program or activity; and pertains only to recipients of federal financial assistance.
Americans with Disabilities Act (Title 11) prohibits discrimination on the basis of disability in any housing provided by public entities, such as state and local governments; and (Title 111) requires that public and common-use areas at housing developments are accessible.
The Supreme Court’s 2020 decision in Bostock v. Clayton County. The court ruled that
“An employer who fires an individual merely for being gay or transgender violates Title VII” of the Civil Rights Act of 1964, which prohibits sex discrimination. This decision opened the door for sex discrimination protections in other statutes, like the Fair Housing Act, to be upheld as well.