Making the Fair Housing Act Fair

Carly Colgan
4 min readApr 12, 2021
Photo by Shanna Paxton Photography

The vision of South Puget Sound Habitat for Humanity (SPSHFH) is “a world where everyone has a decent place to live.” For anyone facing discrimination while trying to fulfill that vision, there must be lawful protection. Following President Biden’s direction to federal agencies to review policies relating to sexual orientation and gender identity, the Department of Housing and Urban Development (HUD) has taken action. For 50 years, sexual orientation and gender identity were not included in the Fair Housing Act (FHA) of 1968. Basing their decision on the 2020 Supreme Court ruling of Bostock vs. Clayton County, HUD will uphold the civil rights of LGBTQ+ citizens through the FHA. This is unquestionably a moment to celebrate.

For many LGBTQ+ Americans, having access to housing has been a struggle. They have had little or no defense under the law against discriminatory housing practices in 21 states and five territories in the United States.¹ Enforcing the expansion of the FHA is a watershed moment. It will allow discrimination complaints to be filed against both private parties and governmental organizations, and guarantees that federal programs will not use funds to show prejudice in housing based on sexual orientation or gender identity.

The protections afforded by the FHA are critical for many reasons. “Compared to non-LGBT people, LGBT people appear to be more likely to face housing unaffordability, are less likely to own their homes and are more likely to be renters, and are more likely to be homeless.” Furthermore, “LGBT elders are more likely to live alone than non-LGBT elders; LGBTQ youth have high rates of homelessness related, for many, to rejection from their families; and discrimination against LGBT adults in housing and homeless shelters is widespread.”² It’s crucial to acknowledge and understand that family rejection of youth is a factor in the high number of unhoused LGBTQ+ people. Insecure and unstable housing makes people vulnerable to exploitation, violence, and poor health. Subsequently, LGBTQ+ adults are more likely to experience poverty, and it is even more widespread among those who are “racial minorities, bisexuals, women, transgender people, and younger people.”³

Making changes in our communities that help build wealth for everyone will have an impact on future generations. Our goal at SPSHFH is to invite members of our community into the discussion around issues of bias and discrimination and to positively engage and educate the public about housing and homeownership issues in segmented and marginalized groups in our community. The better our community understands bias and discrimination, the quicker we are to identify and end it.

SPSHFH’s commitment to diversity, equity, and inclusion is reflected in our partner family selection process. We believe everyone should have access to safe, affordable housing, regardless of a person’s race, color, religion, sex, national origin, familial status, sexual orientation, or gender identity. When choosing partner families for housing, our system is blind. Applicant information is redacted so the people choosing recipients don’t know anything about those applying; they look at the criteria set forward for who best fits into the program.

The first set of criteria for selection is to identify the partner family’s ability to pay an affordable mortgage. Do they have a job and income, and lack of debt? Second is the family’s willingness to contribute 500 hours of sweat equity to build the home. By lending a hand in the building process, the amount of paid labor to build the home is reduced, which helps lower the cost. It also creates personal investment in the project and strengthens a family’s connection to their home. The last piece is need. Is the family housing cost-burdened? Do they currently live in an unsafe home or neighborhood? Are they paying too much for rent, utilities, and other expenses related to the living situation? Focusing on need and ability to meet income requirements works to ensure a fair and equitable process for choosing partner families.

Safe and affordable housing is a right, and fundamental to an individual’s welfare and ability to thrive. Now that discrimination protections for the LGBTQ+ community exist where it has never been in place before, closing the homeownership gap for everyone is more tangible and a step closer to reality. Focusing on need and equal access to housing across the board aligns with SPSHFH’s core values. As Carly Colgan, SPSHFH CEO believes: “Putting people first is an integral part of our core philosophy. By examining policies and practices both inside and outside of our organization, framing decisions based upon their impact on people, and addressing those most often marginalized, we are committed to creating a more diverse and equitable community.” Equal opportunity to housing for those in need has always been the focus and mission of SPSHFH. Federal enforcement of anti-discrimination housing law and expanding protections for LGBTQ+ Americans creates a wider path to homeownership that echoes the cry for social justice in our country.

References

1. https://www.lgbtmap.org/equality-maps/non_discrimination_laws

2. Romero, A.P., Goldberg, S.K., & Vasquez, L.A. (2020). LGBT People and Housing Affordability, Discrimination, and Homelessness. The Williams Institute.

3. Badgett, M.V.L., Choi, S.K., & Wilson, B.D.M. (2019). LGBT Poverty in the United States. The Williams Institute.

--

--