HUD Proposes Rules To Ensure Equal Housing Access For TBLG People

The 'crumbs' just keep on coming from the Obama Administration.

 Today the U.S. Department of Housing and Urban Development proposed new regulations intended to ensure that its core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity. 


“This is a fundamental issue of fairness,” said HUD Secretary Shaun Donovan.  “We have a responsibility to make certain that public programs are open to all Americans.  With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”

 HUD is seeking public comment on a number of proposed areas including:

• Prohibiting lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.  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 proposed rule would 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.
   
• Clarifying that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, 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 proposed rule clarifies that families, otherwise eligible for HUD programs, 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.
   
• Prohibiting owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, from inquiring about the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter- or owner-occupied.  HUD is proposing to 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.

 In addition, HUD will also be conducting the first ever national study of discrimination against members of the LGBT community in the rental and sale of housing.  Every ten years, HUD does a study of the impact of housing discrimination on the basis of race and color.

HUD undertook this important research in 1977, 1989 and 2000 and is currently undertaking this study again. It is believed that LGBT individuals and families may remain silent because in many local jurisdictions, they may have little or no legal recourse. While there are no national assessments of LGBT housing discrimination, there are state and local studies that have shown evidence of this sort of bias. For example, a 2007 report by Michigan’s Fair Housing Centers found that nearly 30 percent of same-sex couples were treated differently when attempting to buy or rent a home.

HUD currently requires its recipients of discretionary funds to comply with local and state non-discrimination laws that cover sexual orientation or gender identity.  In July, the Department issued new guidance that treats discrimination based on gender nonconformity or sex stereotyping as sex discrimination under the Fair Housing Act, and instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive nondiscrimination laws.

The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, sex, disability and familial status. Approximately 20 states, and the District of Columbia, and more than 150 cities, towns and counties across the nation have additional protections that specifically prohibit such discrimination against LGBT individuals. Under guidance announced last year, HUD will, as appropriate, retain its jurisdiction over complaints filed by LGBT individuals or families but also jointly investigate or refer matters to those state, district and local governments with other legal protections.

The Covenant House Texas TBLG Housing Issue Links

I've written a few posts about the ongoing situation with the Houston based Covenant House Texas and their less than respectful treatment of TBLG kids.

To catch you up on the backstory about what's transpiring here and what had the Houston rainbow community upset with Covenant House Texas,  thought it was time to compile those links into one handy dandy post for your websurfing convenience and for you to peruse..

There's word that another meeting was held today that may finally resolve this situation to everyone's satisfaction.    We'll see. 


Covenant House Texas-Not A Home For Trans and Intersex Youth

Covenant House Texas-Response From Board Member

Covenant House Texas-Meeting Today

Covenant House Texas Sellin' Woof Tickets Again 

Covenant House Texas Update-Cristan's Thoughts Abut The CH Secret Shopper Investigation

There They Go Pushing Gay Marriage Over ENDA Again

If you thought I was kidding about the Gayosphere wanting to pivot GL activism back to same gender marriage all the time in the wake of the trans free DADT passage,  peep this latest piece by David Mixner entitled LGBT Rights-An Important Year Ahead which doesn't mention any issue of importance to transpeople.

Kat Rose at ENDAblog noticed and you know I was going to have to link to it. 

Of course. I've already had my say about it.

TBLG Hospital Visitation Rules Take Effect Today

Being that we have a lot of issues as TBLG people accessing medical care and getting treated with dignity and respect without drama, here's another one of those as some people in the GL community derisively called it 'crumbs' from the Obama Administration that took effect today in terms of hospital visitation rights.for TBLG patients.

This was the memo dated April 15, 2010 that the POTUS wrote to Department of Health and Human Services Secretary Kathleen Sebelius.

Here's the money part of it;


My Administration can expand on these important steps to ensure that patients can receive compassionate care and equal treatment during their hospital stays. By this memorandum, I request that you take the following steps:

1. Initiate appropriate rulemaking, pursuant to your authority under 42 U.S.C. 1395x and other relevant provisions of law, to ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors. It should be made clear that designated visitors, including individuals designated by legally valid advance directives (such as durable powers of attorney and health care proxies), should enjoy visitation privileges that are no more restrictive than those that immediate family members enjoy.

You should also provide that participating hospitals may not deny visitation privileges on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, or disability. The rulemaking should take into account the need for hospitals to restrict visitation in medically appropriate circumstances as well as the clinical decisions that medical professionals make about a patient's care or treatment.

2. Ensure that all hospitals participating in Medicare or Medicaid are in full compliance with regulations, codified at 42 CFR 482.13 and 42 CFR 489.102(a), promulgated to guarantee that all patients' advance directives, such as durable powers of attorney and health care proxies, are respected, and that patients' representatives otherwise have the right to make informed decisions regarding patients' care. Additionally, I request that you issue new guidelines, pursuant to your authority under 42 U.S.C. 1395cc and other relevant provisions of law, and provide technical assistance on how hospitals participating in Medicare or Medicaid can best comply with the regulations and take any additional appropriate measures to fully enforce the regulations.

3. Provide additional recommendations to me, within 180 days of the date of this memorandum, on actions the Department of Health and Human Services can take to address hospital visitation, medical decisionmaking, or other health care issues that affect LGBT patients and their families.