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New HUD Protected Class Rule

On January 30, 2012 HUD Secretary Shaun Donovan announced new regulations to ensure equal access to housing for all Americans regardless of sexual orientation, gender identity or marital status.

These new regulations were published in the Federal Register on February 3, 2012 with an effective date of March 3, 2012. These regulations apply to all of HUD’s programs. The Final Rule, published as Equal Access to Housing in HUD programs makes the following provisions:

1. Requires owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, to make housing available without regard to the sexual orientation or gender identity of an applicant for, or occupant of, the dwelling, whether renter or owner-occupied. HUD will institute this policy in all its programs.

2. Prohibits lenders from using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.

3. Clarifies that all otherwise eligible families regardless of marital status, sexual orientation or gender identity, will have the opportunity to participate in HUD programs.

4. Prohibits owners and operators of HUD-assisted housing or housing insured by HUD from asking about an applicant or occupant’s sexual orientation and gender identity for the purpose of determining eligibility. However, this provision does not prohibit voluntary and anonymous reporting of sexual orientation or gender identity pursuant to state, local or federal data collection requirements.

This means you have to modify your Tenant Selection Plan, Application, or Waiting List. For more information: http://www.ahtcsonline.com/Industry Links/HUD Notices/LGBT_Housing_Discrimination.pdf

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