States that can refuse to rent to gays
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"Equality Maps: Housing Nondiscrimination Laws." https://www.lgbtmap.org/equality-maps/non_discrimination_laws/housing. You can learn more about these programs here. However, a housing provider may not ask you questions about your body, your medical history, or make demands for medical, legal, or other documentation related to your gender for purposes of gender-specific housing.
What Can I Do About Housing Discrimination?
Make housing providers aware of the law
Many housing providers are not aware that it is illegal for them to turn someone away because they are LGBT or do not conform to gender stereotypes.
Demands for medical or legal evidence of your gender may be evidence of discrimination.
Can I be turned away from gender-specific housing or forced into housing with the wrong gender?
Refusing to provide housing consistent with a person’s gender identity because they are transgender constitutes discrimination based on sex and/or gender identity.
What Kinds of Questions Can a Housing Provider Ask About My Gender?
In many circumstances, asking about your gender or transgender status might be a sign of discrimination.
It does not specify that discrimination against sexual orientation or gender identity is prohibited, making it legal. Even with the federal Fair Housing Act in place, LGBTQ individuals still experience housing discrimination.
Legalities
The federal Fair Housing Act states that is unlawful to refuse to rent or sell to someone because of race, color, national origin, religion, sex, disability, and/or familial status.
Additionally, in states without state protections, municipalities may provide local-level nondiscrimination protections. "Equality Maps: Credit Nondiscrimination Laws." https://www.lgbtmap.org/equality-maps/non_discrimination_laws/credit. If you have experienced discrimination, contact Lambda Legal's Help Desk or otherwise seek legal advice.
However, in private rental and home sales outside of these programs, some cases of discrimination based solely on sexual orientation or marital status may not fall within the protections of current federal law.
48 % of LGBTQ population lives in states prohibiting discrimination in public accommodations based on sexual orientation and gender identity
18 % of LGBTQ population lives in states explicitly interpreting existing prohibition on sex discrimination to include sexual orientation and/or gender identity
3 % of LGBTQ population lives in states prohibiting discrimination in public accommodations based on sexual orientation only
31 % of LGBTQ population lives in states that do not prohibit discrimination in public accommodations based on sexual orientation or gender identity (including 2% of LGBTQ population living in states that preempt local nondiscrimination laws)
Credit and lending nondiscrimination laws protect people from being unfairly denied credit and lending services, such as opening a bank account, taking out a loan, and more.
Of these homeless LGBTQ youth, 68% report experiencing family rejection and 54% report experiencing abuse from their family.
State law explicitly prohibits discrimination based on sexual orientation and gender identity (21 states , 1 territory + D.C.)
State explicitly interprets existing prohibition on sex discrimination to include sexual orientation and/or gender identity (see note) (6 states)
State law explicitly prohibits discrimination based on sexual orientation only (2 states)
No explicit prohibitions for discrimination based on sexual orientation or gender identity in state law (21 states, 4 territories)
Citations & More Information
NOTE: In green stripe states, the state's nondiscrimination law does not explicitly enumerate sexual orientation or gender identity, but the state's civil/human rights commission has explicitly stated it interprets the state's existing protections against sex discrimination to include protections for both sexual orientation and gender identity.
They may be able to help you file a complaint against the landlord and pursue the landlord if they have violated any rules or regulations.
However, discrimination against LGBTQ people may fall under the Fair Housing Act in certain cases.
Sex Discrimination
Members of the LGBTQ community may legally pursue a landlord for discrimination against nonconformity to gender stereotypes.
A transgender woman often sits outside on the porch and tends to flowers in the garden.
Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here. See the "Citations & More Information" button beneath the map legend for more detail for every state.
Additionally, the U.S. Department of Housing and Urban Development (HUD) currently interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation or gender identity.
In homeless shelters or other temporary housing that houses men and women separately, staff may ask if you are male or female if they are unsure where to house you.