On January 26, President Biden issued a memo to the Secretary of HUD instructing the agency to take actions to remedy the nation’s long history of discriminatory housing practices and policies. In particular, the memo requires that HUD examine the impact of recent regulatory actions regarding affirmatively furthering fair housing and disparate impact and take any necessary steps to make sure that HUD administer its programs in a manner that affirmatively furthers fair housing and ensures fair housing compliance, including preventing practices with an unjustified discriminatory effect.
The Department of Housing and Urban Development (HUD) announced on February 11, 2021 that it will use the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity. Effective immediately, HUD’s Office of Fair Housing and Equal Opportunity will accept for filing and investigate all complaints of sex discrimination, including discrimination because of gender identity or sexual orientation, that meet other jurisdictional requirements. Under the new policy, FHEO will investigate and enforce potential fair housing violations against LGBTQ individuals, which can either be settled between the parties or referred to the Justice Department for prosecution.