What is the state of LGBTQ+ fair housing rights?
By: Nick Adjami
June 11, 2026
June is Pride Month, a celebration of the LGBTQ+ community and recognition of the ongoing struggle for equal rights. Throughout the month, ERC will share current issues facing the LGBTQ+ community, relevant insights from our fair housing work, and actions you can take to protect LGBTQ+ rights.
LGBTQ+ Rights on the Federal Level
The Fair Housing Act is the primary law protecting people from housing discrimination at the federal level. It prohibits discrimination based on seven protected classes: race, color, religion, national origin, sex, disability, and familial status. In 2021, the Biden administration directed the U.S. Department of Housing and Urban Development (HUD) to interpret the Fair Housing Act’s sex-based protections to prohibit discrimination based on sexual orientation and gender identity. That interpretation followed the Supreme Court’s decision in Bostock v. Clayton County asserting that discrimination based on sexual orientation or gender identity qualifies as sex-based discrimination under Title VII of the Civil Rights Act of 1964. In effect, it became illegal for landlords, mortgage lenders, and other housing-related entities to treat LGBTQ+ people less favorably than their peers.
For the first time, HUD began accepting and investigating claims of sexual orientation and gender identity discrimination. These actions provided a significant benefit to LGBTQ+ people across the country. For example, a transgender woman in Florida filed a complaint with HUD after the owner of the trailer park where she lived allegedly told her to act, talk, and dress as a man in order to avoid trouble. She reached a settlement with the trailer park requiring them to pay her family $45,000 and for current and future employees to receive fair housing training.
Now, under the Trump administration, HUD’s Office of Fair Housing and Equal Opportunity has stopped investigations of sexual orientation and gender identity cases. The legal precedent for LGBTQ+ anti-discrimination protections established by the Supreme Court in Bostock still stands, but that precedent is largely meaningless without federal enforcement. Millions of people are left with no recourse if they experience housing discrimination based on their sexual orientation or gender identity.
State and Local Protections
Some cities and states, including D.C., Maryland, and Virginia, have their own laws protecting LGBTQ+ people from housing discrimination. In these places, it is still illegal for housing providers to discriminate against people based on their sexual orientation and gender identity. However, alarmingly, HUD recently threatened to decertify and defund state and local agencies that enforce sexual orientation and gender identity protections. These threats cannot nullify state protections, but could severely limit residents’ ability to exercise their rights.
How ERC Can Help
In the past few years, ERC has conducted intakes with multiple individuals alleging sexual orientation or gender identity discrimination in housing. Allegations range from being rejected from a property to being called slurs and threatened with violence. Nationwide data confirm that LGBTQ+ people face widespread harassment and discrimination by housing providers, which contributes to increased housing instability. These experiences illustrate the ongoing prevalence of anti-LGBTQ+ discrimination and the need for comprehensive protections and robust enforcement.
ERC has assisted clients by advocating on their behalf to housing providers, walking them through the complaint process, and referring them to legal services. If you suspect you’ve been discriminated against in housing because of your sexual orientation or gender identity in D.C., Maryland, or Northern Virginia, you can contact ERC for support.
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If you believe you may have experienced discrimination in housing, you can contact the Equal Rights Center. To report your experience, please call 202-234-3062 or email info@equalrightscenter.org.
