Analysis of HUD’s Recent Fair Housing Act Enforcement – Real Estate Investing Today
The DC-based group US Housing Consultants recently released a short analysis of HUD’s recent decision to enforce the Fair Housing Act to prohibit discrimination because of sexual orientation and gender identity. The stated goal of this organization is to “help to ensure that your properties are always in compliance.” Indeed…
On February 11, 2021, HUD announced in a memo that the HUD FHEO office will administer and fully enforce the Fair Housing Act to prohibit discrimination because of sexual orientation and gender identity. This memo was issued to implement Executive Order 13988 on “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.”
Executive Order 13988 addresses the Supreme Court’s recent landmark decision in Bostock v Clayton County, which held that the prohibitions against sex discrimination in the workplace contained in Title VII of the Civil Rights Act of 1964, extend to and include discrimination on the basis of sexual orientation and gender identity.
Executive Order 13988 requires federal agencies to conduct an assessment on all agency actions covered under federal statutes that prohibit sex discrimination and to fully enforce those statutes by expanding prohibitions on sex discrimination to include discrimination on sexual orientation and gender identity.
As a result of HUD’s assessment, HUD’s Office of General Counsel determined that “the Fair Housing Act’s sex discrimination provisions are comparable to those of Title VII of the Civil Rights and that they likewise prohibit discrimination because of sexual orientation and gender identity.”