Fair Housing Justice
Published on Aug 01, 2016
Housing Justice for Trans & Gender Non Conforming Community
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PRESENTATION OUTLINE
Housing Justice
for the Trans & Gender Non Conforming Community
"Know Your Housing Rights!"
Presented
August 6, 2016, at
Gender Odyssey 2016
Seattle, WA
By
Shannon Bedard, Northwest Fair Housing Alliance
&
Danni Askini, Gender Justice League
Presented
August 6, 2016, at
Gender Odyssey 2016
Seattle, WA
By
Shannon Bedard, Northwest Fair Housing Alliance
&
Danni Askini, Gender Justice League
Photo by KLHint
The work that provided the basis for this
publication was supported in part by funding
under a grant with the U.S. Department
of Housing & Urban Development.
NWFHA & Gender Justice League are
solely responsible for the accuracy of
the statements and interpretations
contained in this publication.
Presented:
August 2016, Gender Odyssey, Seattle, WA
and,
via webinar May 2017
The work that provided the basis for this
publication was supported in part by funding
under a grant with the U.S. Department
of Housing & Urban Development.
NWFHA & Gender Justice League are
solely responsible for the accuracy of
the statements and interpretations
contained in this publication.
Presented:
August 2016, Gender Odyssey, Seattle, WA
and,
via webinar May 2017
Housing:
A basic human need
“Housing is a necessity and a basic human right but
one that is often denied to transgender and gender
non-conforming people.”
--National Center for Transgender Equality
--National Gay & Lesbian Task Force
"A safe, secure, affordable and appropriate house and home is a measure of a quality of life that every human being aspires to."
--Women & Housing: Towards Inclusive Cities, U.N. Human Settlement Programme
one that is often denied to transgender and gender
non-conforming people.”
--National Center for Transgender Equality
--National Gay & Lesbian Task Force
"A safe, secure, affordable and appropriate house and home is a measure of a quality of life that every human being aspires to."
--Women & Housing: Towards Inclusive Cities, U.N. Human Settlement Programme
Photo by Gabriel 'Briel' Rocha
Injustice at Every Turn: 6,450
19 % refused housing, 11% evicted
"injustice at Every Turn"
6,450 persons surveyed
A Report of the National Transgender Discrimination Survey, 2011, on Housing Discrimination & Homelessness
by
The National Center for Transgender Equality
&
National Gay & Lesbian Task Force
6,450 persons surveyed
A Report of the National Transgender Discrimination Survey, 2011, on Housing Discrimination & Homelessness
by
The National Center for Transgender Equality
&
National Gay & Lesbian Task Force
Photo by chrisnicolson
Homelessness
19% at some point in life
IAET Survey Respondents:
2% currently homeless vs 1% general pop at time of survey
19% of all respondents reported experiencing homelessness at some point in their lives because they are transgender or gender non conforming
2% currently homeless vs 1% general pop at time of survey
19% of all respondents reported experiencing homelessness at some point in their lives because they are transgender or gender non conforming
Photo by Ed Yourdon
Shelters:
29% turned away, 55% harassed
Survey Respondents:
29% turned away, if admitted, 55% reported harassment
Respondents experienced being refused shelter due to bias and when admitted, often faced a hostile environment
Bias, attack and assault was by shelter staff and other residents of the shelters
29% turned away, if admitted, 55% reported harassment
Respondents experienced being refused shelter due to bias and when admitted, often faced a hostile environment
Bias, attack and assault was by shelter staff and other residents of the shelters
Photo by scribbletaylor
housing crisis:
housing discrimination & the safety nets fail
Housing Instability for the trans and gender non-conforming community is a crisis
Respondents reported direct discrimination by housing providers
For Transgender and gender non-conforming people who became homeless, safety nets meant to help people in housing crisis often failed.
Respondents reported direct discrimination by housing providers
For Transgender and gender non-conforming people who became homeless, safety nets meant to help people in housing crisis often failed.
Photo by Kaptain Kobold
Recommendations
stronger laws, enforcement, shelters accessible & safe
Gov't agencies should fully enforce housing discrimination laws, including already existing protections based on race and gender as well as gender identity/expression.
Fair Housing Agencies
State Human Rights Agencies
Federal Agencies: HUD (Housing & Urban Development)
Municipalities-local laws
Fair Housing Agencies
State Human Rights Agencies
Federal Agencies: HUD (Housing & Urban Development)
Municipalities-local laws
Photo by Alfred Hermida
FH Act Protected Classes
- Race
- Color
- National Origin
- Religion
- SEX
- Disability
- Familial Status (minors in household)
Photo by an untrained eye
WA State Law
Enforced by WA St. Human Rights Commission
WLAD RCW 49.60
Washington Law Against Discrimination:
Washington Law Against Discrimination:
Photo by FlyingColors (i) Contact
WA Protected Classes
- Marital status
- Veteran/Military status
- Sexual Orientation & Gender Identity
In addition to the Federal FHA protected basis, Washington State has added 3 more.
States may add to the original 7 protected classes, but may not take away.
States may add to the original 7 protected classes, but may not take away.
Photo by Dave Lifson
"Dwellings"
Includes: Transitional, Shelters, Public Housing
Dwellings that are covered include and are not limited to:
Apartments & Multifamily housing - leased or rented
Houses or Condominiums - sold, leased, or rented
Public Housing (federally subsidized)
Homeowner Associations
Mobile & Manufactured Home Parks (Trailer Parks)
Rooming Houses
Transitional Housing
Homeless Shelters
College Residence Halls
Cooperatives
Apartments & Multifamily housing - leased or rented
Houses or Condominiums - sold, leased, or rented
Public Housing (federally subsidized)
Homeowner Associations
Mobile & Manufactured Home Parks (Trailer Parks)
Rooming Houses
Transitional Housing
Homeless Shelters
College Residence Halls
Cooperatives
Photo by Jocey K
Housing Transactions
Rent, Buy, Borrow, Lend, Insure, Advertise
Rentals and sales
Lending-Mortgages and appraisals
Insurance-home owner and rental
Advertising
Lending-Mortgages and appraisals
Insurance-home owner and rental
Advertising
Photo by Gwenaël Piaser
Who must follow the FHAct?
Owners, Prop. Managers, RE Agents...
Property Owners, Landlords & Management companies
Housing Maintenance Employees
Emergency Shelters & Transitional Housing
Real Estate Agents & Brokers
Developers & Contractors
Banks & Mortgage Lenders
Insurance Companies
Condominium & Homeowner Associations
Public Housing Authorities
Advertising Media
Tenants
Housing Maintenance Employees
Emergency Shelters & Transitional Housing
Real Estate Agents & Brokers
Developers & Contractors
Banks & Mortgage Lenders
Insurance Companies
Condominium & Homeowner Associations
Public Housing Authorities
Advertising Media
Tenants
Photo by swisscan
FHA & Sex--History
- 1964 Civil Rights Act
- 1974 Sex added
- Expanded to include Sexual Harassment & Domestic Violence (disparate impact theory)
Photo by Stuck in Customs
2010 Sex protection expanded
- Gender Non-conformity
- Gender Stereotypes
- LGBT
- Transgender persons
2010, HUD, expanded recognition to complaints filed under sex discrimination because of gender non-conformity with gender stereotypes.
Since issuing this guidance, HUD has pursued close to 200 cases of housing discrimination from LGBT persons.
Most involved discrimination because of non conformity with gender stereotypes, especially from transgender persons.
Since issuing this guidance, HUD has pursued close to 200 cases of housing discrimination from LGBT persons.
Most involved discrimination because of non conformity with gender stereotypes, especially from transgender persons.
Photo by Pablo Gutiérrez
2010 Sex protection expanded
- Gender Non-conformity
- Gender Stereotypes
- LGBT
- Transgender persons
2010, HUD, expanded recognition to complaints filed under sex discrimination because of gender non-conformity with gender stereotypes.
Since issuing this guidance, HUD has pursued close to 200 cases of housing discrimination from LGBT persons.
Most involved discrimination because of non conformity with gender stereotypes, especially from transgender persons.
Since issuing this guidance, HUD has pursued close to 200 cases of housing discrimination from LGBT persons.
Most involved discrimination because of non conformity with gender stereotypes, especially from transgender persons.
Photo by Pablo Gutiérrez
individual
approx. 200 cases
Since issuing this guidance, HUD has pursued close to 200 cases of housing discrimination from LGBT persons.
Most involved discrimination because of non conformity with gender stereotypes, especially from transgender persons.
Most involved discrimination because of non conformity with gender stereotypes, especially from transgender persons.
Photo by Jeff Pioquinto, SJ
2012: Actual or Perceived
Gender Expression, Identity or Sexual Orientation
2012, HUD issued regulations explicitly prohibiting discrimination in federally funded housing programs and FHA lending based on sexual orientation, gender identity, and marital status.
“LGBT Equal Access Rule” requires federally assisted housing, programs and mortgages be provided without regard to actual or perceived sexual orientation, gender identity or marital stats.
“LGBT Equal Access Rule” requires federally assisted housing, programs and mortgages be provided without regard to actual or perceived sexual orientation, gender identity or marital stats.
Photo by Thomas Tolkien
2012
- "LGBT Equal Access Rule"
- Discrimination prohibited in Fed. housing programs & FHA lending
- Sexual Orientation, Gender Identity, or Marital Status
February 2, 2012
HUD published the Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (The Equal Access Rule).
This rule requires HUD housing programs be made available to individuals and families without regard to actual or perceived sexual orientation, gender identity or marital status.
It also prohibits owners/administrators of HUD-assisted or HUD insured housing, approved lenders in a FHA mortgage insurance program, and any other recipients or sub-recipients of HUD funds from inquiring about sexual orientation or gender identity to determine eligibility for HUD assisted or HUD insured housing.
HUD published the Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (The Equal Access Rule).
This rule requires HUD housing programs be made available to individuals and families without regard to actual or perceived sexual orientation, gender identity or marital status.
It also prohibits owners/administrators of HUD-assisted or HUD insured housing, approved lenders in a FHA mortgage insurance program, and any other recipients or sub-recipients of HUD funds from inquiring about sexual orientation or gender identity to determine eligibility for HUD assisted or HUD insured housing.
Photo by torbakhopper
2015 HUD guidance
- Issued to: ESG, CoC, HOPWA fund recipients.
- Admit a person based on their self identified gender identity
- Do not ask Qs about anatomy, medical procedures, or make burdensome demands for identity documents
February 20, 2015
HUD Notice: Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities
ESG: Emergency Solutions Grant
CoC: Continum of Care
HOPWA : Housing Opportunities for Persons With AIDS
HUD Notice: Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities
ESG: Emergency Solutions Grant
CoC: Continum of Care
HOPWA : Housing Opportunities for Persons With AIDS
Photo by fotografar
Housing Protection Laws
- Fair Housing Act: Sex protection
- State & Municipal laws--vary
- 2012 HUD "Equal Access Rule"
- 2015 HUD guidance: Appropriate Placement for Transgender Persons in Single Sex Emergency Shelters
FHA 1968
Vary--Research you own state and city laws
2012 Equal Access Rule-access ensured despite actual or perceived sexual orientation, gender identity or marital status for HUD housing programs, and HUD funded recipients & sub-recipients
2015 HUD Guidance for Transgender Persons in Single Sex Emergency Shelters
Vary--Research you own state and city laws
2012 Equal Access Rule-access ensured despite actual or perceived sexual orientation, gender identity or marital status for HUD housing programs, and HUD funded recipients & sub-recipients
2015 HUD Guidance for Transgender Persons in Single Sex Emergency Shelters
Photo by mikecogh
Make a Difference:
- Make a written complaint about sex discrimination in housing (make a copy for your records)
- Send complaint certified mail to the Housing provider (Landlord, Owner, Property Management Company)
- Call a local Fair Housing Agency
Photo by likeablerodent
File a complaint
with HUD w/in 1 year (free)
Your fair housing rights are protected under Title VIII of the Civil Rights Act of 1968 (Fair Housing Act).
If those rights have been violated, you can file a complaint with HUD. Here is how the process works:
Anyone can file a complaint with HUD at no cost.
Fair housing complaints can be filed by any entity, including individuals and community groups.
Those that file fair housing complaints are known as complainants. Those against whom fair housing complaints are filed are called respondents.
File online with HUD
Call HUD: 1-800-669-9777
Or
File through a fair Housing Agency (recommended) it is free and they advocate for you through the process.
If those rights have been violated, you can file a complaint with HUD. Here is how the process works:
Anyone can file a complaint with HUD at no cost.
Fair housing complaints can be filed by any entity, including individuals and community groups.
Those that file fair housing complaints are known as complainants. Those against whom fair housing complaints are filed are called respondents.
File online with HUD
Call HUD: 1-800-669-9777
Or
File through a fair Housing Agency (recommended) it is free and they advocate for you through the process.
Photo by Jason Pier in DC
Gather evidence
Photos, witnesses, e-mails, ph. msgs...
As part of the investigation, HUD will interview the complainant, the respondent, and pertinent witnesses. The investigator will collect relevant documents or conduct onsite visits, as appropriate.
HUD has the authority to take depositions, issue subpoenas and interrogatories, and compel testimony or documents.
HUD has the authority to take depositions, issue subpoenas and interrogatories, and compel testimony or documents.
Photo by hitsnooze
provide proof:
Who, What , Where, When & How
If HUD accepts the complaint for investigation, the investigator will draft a formal complaint on HUD's standard form and provide it to the complainant, typically by mail. The complainant must sign the form and return it to HUD.
Photo by classic_film
51%
preponderance
If, after a thorough investigation, HUD finds no reasonable cause to believe that housing discrimination has occurred or is about to occur, HUD will issue a determination of "no reasonable cause" and close the case.
If the investigation produces reasonable cause to believe that discrimination has occurred or is about to occur, HUD will issue a determination of "reasonable cause" and charge the respondent with violating the law. HUD will send a copy of the charge to the parties in the case.
After HUD issues a charge, a HUD Administrative Law Judge (ALJ) will hear the case unless either party elects to have the case heard in federal civil court. Parties must elect within 20 days of receipt of the charge.
If the investigation produces reasonable cause to believe that discrimination has occurred or is about to occur, HUD will issue a determination of "reasonable cause" and charge the respondent with violating the law. HUD will send a copy of the charge to the parties in the case.
After HUD issues a charge, a HUD Administrative Law Judge (ALJ) will hear the case unless either party elects to have the case heard in federal civil court. Parties must elect within 20 days of receipt of the charge.
Photo by Guillaume Brialon
Pre-Finding Settlement
lost housing opp., public interest, damages
The Fair Housing Act requires HUD to bring the parties together to attempt conciliation in every fair housing complaint.
The choice to conciliate the complaint is completely voluntary on the part of both parties. Any conciliation agreement signed by HUD must protect the public's interests.
If the parties sign a conciliation agreement, HUD will end its investigation and close the case.
This is what happens in the majority of complaint cases filed with HUD.
The choice to conciliate the complaint is completely voluntary on the part of both parties. Any conciliation agreement signed by HUD must protect the public's interests.
If the parties sign a conciliation agreement, HUD will end its investigation and close the case.
This is what happens in the majority of complaint cases filed with HUD.
Photo by ShortShot
Laws vs. Life
Bureaucracy....stay calm.
The HUD process can take a long term because there are many steps and it is a large bureaucratic system.
While your HUD complaint is important, it is also important to remember that the process goes on in the background of your life--not the forefront.
Remember to do self care and prioritize your health, safety and well-being above all else as you go through the steps.
While your HUD complaint is important, it is also important to remember that the process goes on in the background of your life--not the forefront.
Remember to do self care and prioritize your health, safety and well-being above all else as you go through the steps.
Photo by victor_nuno
For more information:
- HUD Exchange website
- resources for LGBTQ individuals and families, service providers
- guidance on implementing HUD's equal Acces and Gender identity Rules
Thank you!
Photo by Stuck in Customs
