On January 30 Housing and Urban Development Secretary Shaun Donovan announced protections on the basis of sexual orientation or gender identity in federal or federally-assisted housing at the most recent Creating Change conference.
The video from Creating Change is rather lengthy (27:24). After an introduction by NGLTF Executive Director Rea Carey, Secretary Donovan begins at 5:15. After some electioneering, the part about housing begins around 10:02.
All that stood in the way of the new rules becoming active were publication in the Federal Register, which I watched nearly religiously all last week.
But apparently I took my eye off it sometime late Friday and they snuck it by me. And yesterday I got busy with teaching and ordering Girl Scout cookies and such. But I checked this morning and discovered my failure.
I promised to provide an update, so here it is.
Here's the pdf of the new rules.
Through this final rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status.
In the absence of federal protections in equal housing opportunity, HUD states
It is important not only that HUD ensure that its own programs do not involve discrimination against any individual or family otherwise eligible for HUD-assisted or -insured housing, but that its policies and programs serve as models for equal housing opportunity.
This new rule will become effective March 5, 2012.
New Sec. 5.105(a)(2) is revised to make explicit that eligibility determinations for HUD-assisted or -insured housing must be made without regard to actual or perceived sexual orientation, gender identity, or marital status. Also, new Sec. 5.105(a)(2) is revised by dividing this paragraph into two sections. Section 5.105(a)(2)(i) will affirmatively state that housing assisted or insured by HUD must be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. New Sec. 5.105(a)(2)(ii) includes the prohibition of inquiries regarding sexual orientation or gender identity for the purpose of determining eligibility or otherwise making housing available and further allows inquiries related to an applicant or occupant's sex for the limited purpose of determining placement in temporary, emergency shelters with shared bedrooms or bathrooms, or for determining the number of bedrooms to which a household may be entitled.
That last will probably be used as always to keep us from accessing gender-appropriate homeless shelters. We are disappointed with that part.