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Slide Notes
Housing Justice for the Transgender Community
Presented By Shannon Bedard, Northwest Fair Housing Alliance & Elayne Wylie, Gender Justice League
Facilitator: Introductions
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the Gender Justice League, Seattle, WA for use by fair housing and gender justice advocates in training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
Presented By Shannon Bedard, Northwest Fair Housing Alliance & Elayne Wylie, Gender Justice League
Facilitator: Introductions
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the Gender Justice League, Seattle, WA for use by fair housing and gender justice advocates in training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
Webinar: Housing Justice
Published on Aug 01, 2016
Fair Housing for the Transgender Community
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
Housing Justice
Fair Housing for the Transgender Community
Housing Justice for the Transgender Community
Presented By Shannon Bedard, Northwest Fair Housing Alliance & Elayne Wylie, Gender Justice League
Facilitator: Introductions
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the Gender Justice League, Seattle, WA for use by fair housing and gender justice advocates in training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
Presented By Shannon Bedard, Northwest Fair Housing Alliance & Elayne Wylie, Gender Justice League
Facilitator: Introductions
(read)
This presentation is created by the Northwest Fair Housing Alliance, Spokane, WA in partnership with the Gender Justice League, Seattle, WA for use by fair housing and gender justice advocates in training, education, and outreach purposes.
This presentation may be customized with your agency logo, presenters names, local laws and other state specific data.
Please contact shannon@nwfairhouse.org prior to any re-use or adaption.
Photo by KLHint
Development of these materials was funded
through Housing and Urban Development's
Education & Outreach Initiative Programs:
EOI-NP Sex Discrimination Grant--FH200G15005.
The authors are solely responsible for the accuracy of the statements and interpretations contained in this publication.
Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
Development of these materials was funded
through Housing and Urban Development's
Education & Outreach Initiative Programs:
EOI-NP Sex Discrimination Grant--FH200G15005.
The authors are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
through Housing and Urban Development's
Education & Outreach Initiative Programs:
EOI-NP Sex Discrimination Grant--FH200G15005.
The authors are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government or the Department of Housing and Urban Development.
Agenda:
USTS Survey, Protections, HUD complaints
Facilitator:
Welcome.
Agenda.
Part 1: 2015 U.S. Transgender Survey
Focuses on the discriminatory housing issues encountered by people who are transgender.
The data is from the 2015 U.S.Transgender Survey conducted by the National Center for Transgender Equality.
Part 2: Sex Discrimination in Housing
Discusses existing housing protections under the federal Fair Housing Act's basis of sex.
Part 3: Filing a Complaint with HUD
Covers how to file a complaint with the department of Housing and Urban Development.
Welcome.
Agenda.
Part 1: 2015 U.S. Transgender Survey
Focuses on the discriminatory housing issues encountered by people who are transgender.
The data is from the 2015 U.S.Transgender Survey conducted by the National Center for Transgender Equality.
Part 2: Sex Discrimination in Housing
Discusses existing housing protections under the federal Fair Housing Act's basis of sex.
Part 3: Filing a Complaint with HUD
Covers how to file a complaint with the department of Housing and Urban Development.
Photo by Rajiv Patel (Rajiv's View)
Home & Shelter:
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.” -NTDS, 2011
The National Center for Transgender Equality (NCTE) conducted a 2015 United States Transgender Survey (USTS) in which 27,715 persons participated.
The USTS follows the groundbreaking 2008-09 National Transgender Discrimination Survey (NTDS) released 2011 in which 6,450 persons were surveyed by NCTE & the National Gay & Lesbian Task Force.
The National Center for Transgender Equality (NCTE) conducted a 2015 United States Transgender Survey (USTS) in which 27,715 persons participated.
The USTS follows the groundbreaking 2008-09 National Transgender Discrimination Survey (NTDS) released 2011 in which 6,450 persons were surveyed by NCTE & the National Gay & Lesbian Task Force.
Photo by Gabriel 'Briel' Rocha
Home:
- Safety, comfort, privacy
- Stability, rest, shelter, belonging
- MOST importantly, a leverage for obtaining other basics in life: health, education, employment, family, food....
Facilitators: we recognize this list is an ideal
view of "home"
Q: What else comes to mind when we say home?
Capture audience responses on white board or paper
NOTE: If webinar presentation, invite attendees to use the live chat option to respond.
view of "home"
Q: What else comes to mind when we say home?
Capture audience responses on white board or paper
NOTE: If webinar presentation, invite attendees to use the live chat option to respond.
Photo by Stuck in Customs
2015 USTS 27,715 persons
- 23% experienced housing discrimination in past year
- Denied an apt. or home, or evicted because of being transgender
2015 US Transgender Survey (USTS)
Respondents: 27,715 persons from all 50 states, American Samoa, Guam, Puerto Rico, US military bases overseas.
"Respondents reported high levels of mistreatment, harassment, and violence in every aspect of life."
"Nearly one quarter (23%) of respondents experienced some form of housing discrimination in the past year, such as being evicted from their home or denied an apt. or a home because of being transgender."
Respondents: 27,715 persons from all 50 states, American Samoa, Guam, Puerto Rico, US military bases overseas.
"Respondents reported high levels of mistreatment, harassment, and violence in every aspect of life."
"Nearly one quarter (23%) of respondents experienced some form of housing discrimination in the past year, such as being evicted from their home or denied an apt. or a home because of being transgender."
Photo by Brandon Blahnik
Homelessness
2% currently,12% in past year, 30% some pt
USTS Survey Respondents:
"2% currently homeless vs 1% general pop at time of survey
12% in past year
30% 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
12% in past year
30% 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:
- 26% avoided because they feared being mistreated
- 70% who did stay reported mistreatment: being harassed, sexually or physically assaulted, or being kicked out because of being transgender
USTS Survey Respondents:
"More than a quarter (26%) avoided shelters because they feared mistreatment for being transgender
70% who did stay in a shelter reported mistreatment: harassed, sexually or physically assaulted or being kicked out because of being transgender."
"More than a quarter (26%) avoided shelters because they feared mistreatment for being transgender
70% who did stay in a shelter reported mistreatment: harassed, sexually or physically assaulted or being kicked out because of being transgender."
Photo by Franco Folini
Home Ownership:
16% Trans vs 63% Gen Pop
USTS Survey Respondents:
"Respondents were also far less likely to own a home, with only 16% of respondents reporting home ownership compared to 63% of the U.S. population."
"Respondents were also far less likely to own a home, with only 16% of respondents reporting home ownership compared to 63% of the U.S. population."
Photo by Davi Alexandre
Hardship & Instability
Social Safety Nets Failed
Severe Economic Hardship and instability
"For transgender and gender non-conforming people who became homeless, safety nets meant to help people in housing crisis often failed."
"For transgender and gender non-conforming people who became homeless, safety nets meant to help people in housing crisis often failed."
Photo by skuds
Recommendations
- Eliminate barriers to affordable health care
- End discrimination in schools, the workplace and areas of public space
- Create support systems at local, state and federal levels
USTS:
"Given this evidence, Governmental and private institutions throughout the US should address these disparities and ensure that trans gender people are able to live fulfilling lives in an inclusive society."
"This includes eliminating barriers to quality , affordable health care, putting an end to discrimination in schools, the workplace, and other areas of public life, and creating systems of support at the municipal, state, and federal levels that meet the needs of transgender people and reduce the hardships they face."
"Given this evidence, Governmental and private institutions throughout the US should address these disparities and ensure that trans gender people are able to live fulfilling lives in an inclusive society."
"This includes eliminating barriers to quality , affordable health care, putting an end to discrimination in schools, the workplace, and other areas of public life, and creating systems of support at the municipal, state, and federal levels that meet the needs of transgender people and reduce the hardships they face."
Photo by Alfred Hermida
Fair Housing Act 1968
- Race
- Color
- National Origin
- Religion
- SEX
- Disability
- Familial Status (minors in household)
Facilitator
The Fair Housing Act is enforced by the US Department of Housing and Urban Development (HUD), state and local enforcement agencies.
[insert your state agencies]
In WA state, agencies that enforce the FH Act are:
The WA State Human Rights Commission (WSHRC)
The Seattle Office of Civil Rights (SOCR)
The Northwest Fair Housing Alliance (NWFHA)
and The Fair Housing Center of WA (FHCW)
The Fair Housing Act is enforced by the US Department of Housing and Urban Development (HUD), state and local enforcement agencies.
[insert your state agencies]
In WA state, agencies that enforce the FH Act are:
The WA State Human Rights Commission (WSHRC)
The Seattle Office of Civil Rights (SOCR)
The Northwest Fair Housing Alliance (NWFHA)
and The Fair Housing Center of WA (FHCW)
Photo by an untrained eye
WA Protected Classes
- Marital status
- Veteran/Military status
- Sexual Orientation & Gender Identity
Facilitator [insert your state protected basis in the slide]
In addition to the Federal FHA protected basis, Washington State has added 3 more: Marital status, vet/military status, Sexual Orientation & Gender Identity.
States may add to the original 7 fed protected classes, but may not take away.
In addition to the Federal FHA protected basis, Washington State has added 3 more: Marital status, vet/military status, Sexual Orientation & Gender Identity.
States may add to the original 7 fed protected classes, but may not take away.
Photo by Dave Lifson
Dwellings & Housing Transactions
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
Housing transactions (not exhaustive)
Rentals and sales
Lending-Mortgages and appraisals
Insurance-home owner and rental
Advertising
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
Housing transactions (not exhaustive)
Rentals and sales
Lending-Mortgages and appraisals
Insurance-home owner and rental
Advertising
Photo by Jocey K
Who must follow the FHAct?
Owners, Prop. Mngers, RE Agents...
(List is not exhaustive)
Facilitator reads:
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
Facilitator reads:
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
Photo by *sax
FHA & Sex--History
- 1968 Civil Rights Act
- 1974 Sex added
- Included: Sexual Harassment & Domestic Violence (via disparate impact theory)
FHA & Sex--History
1968 Civil Rights Act
1974 Sex added
Included: Sexual Harassment & Domestic Violence (via disparate impact theory)
Disparate Impact Theory:
A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.
1968 Civil Rights Act
1974 Sex added
Included: Sexual Harassment & Domestic Violence (via disparate impact theory)
Disparate Impact Theory:
A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.
Photo by flazingo_photos
2010 Sex protection expands
- Gender Non-conformity
- Gender Stereotypes
- Lesbian, Gay, Bisexual (LGB)
- Transgender persons
- HUD has pursued 200 cases
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 torbakhopper
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.
Facilitator--may opt to provide definitions
Gender Expression
Gender Identity
Gender Non Conforming
Sexual Orientation
Transgender
“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.
Facilitator--may opt to provide definitions
Gender Expression
Gender Identity
Gender Non Conforming
Sexual Orientation
Transgender
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
https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
This Notice provides guidance to recipients and subrecipients receiving Emergency Solutions Grants (ESG), Continuum of Care (CoC) or Housing Opportunities for Persons with AIDS (HOPWA) funds regarding how best to provide shelter to transgender persons in a single-sex facility.
This notice also provides guidance on appropriate and inappropriate inquiries related to a potential or current client’s sex for the purposes of placing transgender persons in temporary, emergency shelters, or other facilities with shared sleeping areas or bathrooms.
HUD Notice: Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities
https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
This Notice provides guidance to recipients and subrecipients receiving Emergency Solutions Grants (ESG), Continuum of Care (CoC) or Housing Opportunities for Persons with AIDS (HOPWA) funds regarding how best to provide shelter to transgender persons in a single-sex facility.
This notice also provides guidance on appropriate and inappropriate inquiries related to a potential or current client’s sex for the purposes of placing transgender persons in temporary, emergency shelters, or other facilities with shared sleeping areas or bathrooms.
Photo by fotografar
Recap: Housing Protections
- 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
Recap: Housing Protections
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
Notice CPD-15-02: Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities
https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
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
Notice CPD-15-02: Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities
https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
Photo by mikecogh
What to do?:
- 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
- Call HUD
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
Call HUD
Send complaint certified mail to the Housing provider (Landlord, Owner, Property Management Company)
Call a local Fair Housing Agency
Call HUD
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.
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.
HUD has the authority to take depositions, issue subpoenas and interrogatories, and compel testimony or documents.
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 hitsnooze
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.
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.
Photo by Guillaume Brialon
Sue: Federal/State court (w/in 2yrs)
your expen$e unless pro bono
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 steakpinball
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
- https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
For more information, HUD Exchange website:
Equal Access to Housing Final Rule
Equal Access Self-Assessment for Shelters and Projects
Guidebook on Equal Access for Transgender People: Supporting Inclusive Housing and Shelters
Equal Access Decision Tree
Training Scenarios for Use with Project Staff
https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
Equal Access to Housing Final Rule
Equal Access Self-Assessment for Shelters and Projects
Guidebook on Equal Access for Transgender People: Supporting Inclusive Housing and Shelters
Equal Access Decision Tree
Training Scenarios for Use with Project Staff
https://www.hudexchange.info/resources/documents/Notice-CPD-15-02-Appropria...
