Nearly 30 percent of same-sex couples were treated differently when trying to buy or rent a home. That figure was published in a a 2007 report by Michigan’s Fair Housing Centers.

FHA and HUD have announced new regulations designed to end that sort of discrimination and much more. According to HUDNo.12-014, new regulations have been implemented to “ensure that HUD’s core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity” according to the press release.

“The Obama Administration has viewed the fight for equality on behalf of the LGBT community as a priority and I’m proud that HUD has been a leader in that fight,” said Shaun Donovan, Secretary of Housing and Urban Development.

“With this historic rule, the Administration is saying you cannot use taxpayer dollars to prevent Americans from choosing where they want live on the basis sexual orientation or gender identity – ensuring that HUD’s housing programs are open, not to some, not to most, but to all.”

The new regulations will be published in the Federal Register in the first week of February 2012 and take effect 30 days later. The final rule on these policies is called Equal Access to Housing in HUD Programs – Regardless of Sexual Orientation or Gender Identity, and requires FHA lenders, owners and operators of HUD-assisted housing or housing insured by HUD to comply with the following:

• To make housing available without regard to the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied. HUD will institute this policy in its rental assistance and homeownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.
• Lenders may not use sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.
• All families, regardless of orientation, gender identity, or marital status, will be given access FHA/HUD programs. According to the press release, families “will have the opportunity to participate in HUD programs. In the majority of HUD’s rental and home ownership programs the term ‘family’ already has a broad scope, and includes a single person and families with or without children.
• HUD’s rule clarifies that otherwise eligible families may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such relationship.
•   FHA’s current regulations provide that a mortgage lender’s determination of the adequacy of a borrower’s income “shall be made in a uniform manner without regard to” specified prohibited grounds.  The rule will add actual or perceived sexual orientation and gender identity to the prohibited grounds to ensure FHA-approved lenders do not deny or otherwise alter the terms of mortgages on the basis of irrelevant criteria.
• Clarifies that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, will have the opportunity to participate in HUD programs. In the majority of HUD’s rental and homeownership programs the term “family” already has a broad scope, and includes a single person and families with or without children.
• HUD’s rule clarifies that otherwise eligible families may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such relationship.

Learn more about the new rules at http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2012/HUDNo.12-014