Renting as a Member of the LGBTQIA+ Community

As of 2021, the Fair Housing Act (FHA) prohibits housing discrimination based on sex, gender or sexual orientation. In the same year, sex-based discrimination was the third-most frequent basis of housing discrimination, with 2,309 recorded cases and comprising 7.4% of all housing discrimination complaints.

Housing discrimination — including those against the LGBTQIA+ community — often begins during the home search, leading to denials, higher rates or evictions. It also occurs in various housing transactions, including rentals. You can protect yourself against sex-based housing discrimination by understanding the law and your housing rights, recognizing forms of discrimination, and knowing what actions to take when confronted with such issues.

Federal laws protect LGBTQIA+ housing rights, and housing discrimination based on sexual orientation is illegal. Understanding these renters’ rights, responsibilities and legal protections can help you defend your housing rights.

In June 2020, the Supreme Court's decision in Bostock v. Clayton Cty. confirmed that Title VII's prohibition against sex discrimination includes sexual orientation and gender identity. Based on these factors, President Biden's Executive Order 13988, issued in January 2021, affirmed this decision and officially expanded discrimination protections on the basis of gender identity and sexual orientation. HUD's memorandum in February 2021 strengthened the enforcement of the Fair Housing Act concerning this issue. If there's reasonable cause to believe discrimination has occurred, you can take legal action. Landlords are also prohibited from denying housing based on an individual's actual or perceived HIV/AIDS status or disability, as protected under the Fair Housing Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Landlords are also prohibited from denying housing based on an individual's actual or perceived HIV/AIDS status or disability, as protected under the Fair Housing Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

Currently, 22 states and the District of Columbia have enacted laws that explicitly prohibit housing discrimination based on sexual orientation and gender identity. Use the map below and hover over each state to learn their laws regarding sex-based discrimination in housing.

The FHA has set guidelines that landlords, property managers, and owners must follow to prevent discrimination against the LGBTQIA+ community. Yet, even with these guidelines, addressing and eliminating housing discrimination remains challenging due to its often subtle nature. Recognizing common examples of rental discrimination against the LGBTQIA+ community can guide you on what to be vigilant about.

Act promptly if you suspect you've encountered or are about to experience housing discrimination. Depending on your objectives, you can contact HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777, file an online complaint, connect with your local FHEO office or seek legal measures against the person exhibiting the discriminatory actions. Knowing the immediate actions to undertake after facing discrimination equips you to defend your rights and pursue fairness.

Securing a rental as an LGBTQIA+ individual requires careful consideration to ensure you're not facing discrimination and that the housing is safe and inclusive. Determine whether both the landlord and the surrounding environment are LGBTQIA+-friendly, and be aware of inclusive options available.

Organizations like the National Association of Gay & Lesbian Real Estate Professionals (NAGLREP) and the LGBTQ+ Real Estate Alliance provide an excellent resource for members of the LGBTQIA+ community in need of housing support or an ally looking to help.

Recognizing signs of inclusivity—and potential red flags—can make all the difference. Engage in open dialogue with potential landlords to clarify their stance towards the LGBTQIA+ community.

Local LGBTQIA+ community centers frequently offer resources, such as bulletin boards or databases, which feature housing options recognized as safe and inclusive. To locate LGBTQIA+ community centers in your area, you can use CenterLink’s community directory tool.

Several resources and tools can help you learn your rights and provide support for more inclusive housing. Support varies from offering rental assistance and housing support to empowering the LGBTQIA+ community with tools, services and programs.

MoneyGeek has curated a list of organizations and initiatives dedicated to providing housing, support and advocacy for LGBTQIA+ individuals. Whether you're seeking a safe place to stay, legal assistance or community connections, these resources are here to help.

• American Civil Liberties Union (ACLU): The ACLU champions individual rights and liberties guaranteed by the Constitution. Dedicated to justice, freedom and equality, they tackle issues from free speech to racial justice.
• GeoSure: GeoSure offers insight into more than 40,000 locations worldwide, providing ratings based on customized safety metrics for LGBTQIA+ residents.
• Human Rights Campaign (HRC): The Human Rights Campaign (HRC) is dedicated to advancing LGBTQIA+ equality. They combat misinformation, promote pro-equality policies and educate the public on LGBTQIA+ issues. With a grassroots force of 3 million members, HRC remains committed to ensuring rights and acceptance for everyone.
• LGBT Housing Initiative: Originating from a 2019 meeting of the Keller Williams Rainbow Network, the LGBT Housing Initiative promotes homeownership within the LGBTQIA+ community and supports organizations assisting LGBTQIA+ unhoused youth.
• LGBTQ+ Real Estate Alliance: Founded in 2016, the LGBTQ+ Real Estate Alliance aims to create a comprehensive directory of LGBTQIA+-friendly real estate agents and brokers and lists businesses reflecting the LGBTQIA+ community’s ideals.
• Movement Advancement Project’s LGBTQ Equality Map: The LGBTQ Equality map visually represents states with active LGBTQIA+ equality laws, showing the progressiveness of each state's laws.
• National Association of Gay & Lesbian Real Estate Professionals (NAGLREP): NAGLREP assists LGBTQIA+ buyers with a vast referral network and holds events to raise awareness about housing rights for the LGBTQIA+ community.
• National Runaway Safeline: The National Runaway Safeline supports at-risk youth and their families, serving as the federally designated communication system for runaway and unhoused youth.
• Runaway and Homeless Youth Training and Technical Assistance Center: Funded by the Department of Health and Human Services, the RHYTTAC provides training and technical assistance to all Runaway and Homeless Youth grantees.
• The Trevor Project: The Trevor Project provides crisis intervention and suicide prevention services to LGBTQIA+ youth. Through various programs, they offer support, resources and advocacy to ensure the well-being and mental health of young LGBTQIA+ individuals.
• True Colors United: True Colors United, based in New York, advocates for policy changes and offers free training to unhoused youth service providers to ensure inclusive spaces.