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I'M JOHN, ASSISTANT SECRETARY
FOR FAIR HOUSING AND EQUAL
OPPORTUNITY.
FOR THOSE
US FROM AROUND THE NATION, GOOD
MORNING.
WE ARE PARTICULARLY PLEASED THAT
YOU HAVE JOINED US TODAY FOR
THIS VERY IMPORTANT SESSION ON
ASSESSING DISCRIMINATION
ALLEGATIONS FROM LESBIAN, GAY,
BISEXUAL AND TRANSGENDER PERSONS
FOR FAIR HOUSING ACT COVERAGE.
ENFORCES ALONG WITH OUR PARTNERS
AT THE STATE AND LOCAL LEVEL,
THE FAIR HOUSING ACT MIRRORS THE
CONTINUAL ADVANCEMENT OF THIS
NATION FOR LIBERTY AND JUSTICE
FOR
HOUSING.
FROM 1968, WHEN PRESIDENT
JOHNSON SIGNED THE FAIR HOUSING
ACT INTO LAW WITH THE FIRST FOUR
PROTECTED CLASSES OF RACE,
RELIGION, NATIONAL ORIGIN AND
COLOR, MOVING ON THROUGH THE
ADVENT OF THE WOMEN'S LIBERATION
MOVEMENT, ADDING IN GENDER
DISCRIMINATION, PEOPLE WITH
DISABILITIES, FAMILIES WITH
CHILDREN, THE FAIR HOUSING ACT
AND THE NATION HAVE MOVED
FORWARD TOGETHER TO ADVANCE
LIBERTY TO
OF DISCRIMINATION PROTECTIONS
FOR ALL PEOPLE IN THIS COUNTRY.
SO, TOO, AS WE LOOK AT TODAY,
THE CONTINUING ADVANCEMENT OF
THE NATION, NOTIONS OF EQUALITY,
THE UNADDRESSED ISSUES OF
DISCRIMINATION IN OUR HOMES AND
IN OUR NEIGHBORHOODS AGAINST
PEOPLE WHO ARE LESBIAN, GAY,
BISEXUAL AND TRANSGENDER.
WE HAVE THE OPPORTUNITY AND
RESPONSIBILITY, THOSE OF US IN
THE HOUSING AREA, TO TAKE
OWNERSHIP OF THIS ISSUE.
LAST YEAR WHEN PRESIDENT OBAMA
TURNED TO THESE VERY FEDERAL
AGENCIES, WHILE ISSUES DEALING
WITH THE DEFENSE DEPARTMENT IN
DON'T ASK, DON'T TELL, IN THE
MILITARY, ALSO LOOKED TO HUD,
LOOKED TO HUD BECAUSE WE ARE A
MAJOR LANDLORD, AND OUR POLICIES
DEALING WITH FAMILY, OUR
INTERNAL HUD POLICIES DEALING
WITH FAMILY MUST BE
21st CENTURY DEFINITION OF
FAMILY, AND OF COURSE, THE
ISSUES OF HOUSING
DISCRIMINATION, RENTAL
DISCRIMINATION, LEARNING
DISCRIMINATION AGAINST THE LGBT
COMMUNITY.
WE HAVE GONE AROUND THE NATION
BOSTON, SAN FRANCISCO, BUT ALSO
TO SPOKANE WASHINGTON, AN AREA
OF COUNTRY AND AREAS OF THE
COUNTRY WHERE WE NEED TO HEAR
FROM MEMBERS OF THE COMMUNITY
AND OTHER COMMUNITIES AS TO HOW
BEST ADDRESS LGBT HOUSING
DISCRIMINATION, HOW BEST TO
ANDEN FORM -- AND INFORM
INDIVIDUALS AND ENFORCE THE LAW
N A NUMBER OF DIFFERENT AREAS,
WE ARE LOOKING AT THE CURRENT
LAW, AS THERE ARE EFFORTS TO
EXPAND TITLE
THE CONGRESS MEN HAVE
LEGISLATION TO EXPAND TITLE 8,
BUT IN THE MEANTIME, WE'RE
LOOKING AT WHAT OUR AUTHORITY IS
UNDER CURRENT LAW AND DOING
EVERYTHING WE CAN TO BE A 21st
21st CENTURY ORGANIZE, TO BE
AT THE CUTTING EDGE OF CIVIL
RIGHTS PROTECTION N THIS AREA,
AS WELL AS MANY OTHER AREAS, YOU
SEE A TRANSFORMED EFFORT.
I AM VERY PLEASED TO BE JOINED
TODAY BY THREE VERY
DISTINGUISHED AND EXPERT
PANELISTS WHO WILL WALK THROUGH
THE CURRENT LAW WITH YOU, WHAT
THE CURRENT
DISCRIMINATION, WHAT THE LEGAL
AUTHORITY WE CURRENT HAVE UNDER
OUR CURRENT LAW AND REGULATION,
AND HOW BEST WE CAN BE MOST
EFFECTIVE TO ERADICATING HOUSING
DISCRIMINATION AGAINST THE LGBT
COMMUNITY.
SO I AM JOINED BY OUR TRAINER
THE DIRECTOR OF OUR PROGRAM
WITHIN FHEO, ALSO KATHY
PENNINGTON, WHO IS ONE OF OUR
EXPERT ATTORNEYS OVER IN THE
OFFICE OF GENERAL COUNCIL.
ADDITIONALLY, WE HAVE THE
TREMENDOUS SUPPORT AND
LEADERSHIP OF A NUMBER OF
DIFFERENT ORGANIZATIONS AROUND
THE NATION.
ONE OF THE MOST IMPORTANT ONES,
OF COURSE, IS THE NATIONAL
CENTER FOR LESBIAN RIGHTS.
MAYA RUPPERT HAS ALREADY
PARTICIPATING IN ONE OF OUR
PROGRAMS AND IS JOINING US
TODAY.
WE VERY PLEASED TO BE ABLE TO
HAVE MAYA'S EXPERTISE AS A
SO I WANT TO THANK MAYA AND ALL
OF OUR TRAINERS.
I ALSO THANK EACH AND EVERY ONE
OF YOU FOR TAKING TIME OUT OF
YOUR DAY TO GET TO LEARN MORE
ABOUT THIS SUBJECT AND THE
IMPORTANCE OF IT AND HOW BEST WE
CAN BE EFFECTIVE FOR ENDING
HOUSING DISCRIMINATION AGAINST
WITH THAT, LET ME TURN THIS OVER
TO KEN, AND AGAIN, THANK YOU
VERY MUCH.
>> THANK YOU, ASSISTANT
SECRETARY, FOR YOUR WORDS, AS
WELL AS YOUR LEADERSHIP ON THIS
ISSUE.
MY NAME IS CEP CAROL.
I DIRECT -- KEN CAROL.
I DI
ASSISTANT PROVISION IN THE FHEO.
WELCOME TO THIS GROUNDBREAKING
AND IMPORTANT WEB CAST TRAINING
ON ASSESSING HOUSING
DISCRIMINATION ALLEGATIONS FROM
LESBIAN, GAY, BISEXUAL AND
TRANSGENDER PERSONS FOR COV
TODAY'S TRAINING WILL BE DIVIDED
INTO FIVE SEGMENTS.
I WILL BEGIN BY GIVING SOME
BACKGROUND, INCLUDING AN
OVERVIEW OF ASSIST ANT
SECRETARY'S -- ASSISTANT
SECRETARY'S JUNE 15th, 20
GUIDE MEMO ADDRESSED TO REGIONAL
DIRECTORS ENTITLED ASSESSING
COMPLAINTS THAT INVOLVES ***
ORIENTATION, GENDER IDENTITY AND
JENDER -- GENDER EXPRESSION.
MAYA RUPPERT, A FED
ATTORNEY AT THE NATIONAL CENTER
FOR LESBIAN RIGHTS HAS JOINED US
TODAY.
MAYA WILL PROVIDE AN LGBT
CULTURAL COMPETENCY SEGMENT,
INCLUDING DEFINITIONS OF
RELEVANT TERMS.
MAYA WILL ALSO GIVE EXAMPLES OF
LGBT HOUSING DISCRIMINATION
INCIDENTS.
THIRD,
HUD'S ASSISTANT GENERAL COUNCIL
FOR FAIR HOUSING ENFORCEMENT
WILL PROVIDE THE LEGAL
UNDERPINNINGS AND ADDITIONAL
GUIDANCE ON HOW TO ASSESS
HOUSING DISCRIMINATION
ALLEGATIONS FROM LGBT PERSONS,
PARTICULARLY AS DISCRIMINATION
FOURTH, I WILL PRESENT ON WHAT
OUR LGBT GUIDANCE MEANS FOR
STATE AND LOCAL FAIR HOUSING
ASSISTANCE PROGRAM OR FHA P
AGENCIES BECAUSE
INVESTIGATE THE MAJORITY OF
COMPLAINTS FILED NATIONWIDE.
FINALLY, WE WILL ADDRESS YOUR
QUESTIONS AT THE END OF THE
SESSION.
WHILE WE WON'T BE ANSWERING
QUESTIONS UNTIL THE END, YOU ARE
FREE TO CALL OR E-MAIL YOUR
QUESTIONS AT ANY TIME THROUGHOUT
THE SESSION.
YOUR QUESTIONS WILL BE NOTED AND
PROVIDED TO
THE QUESTION AND ANSWER SEGMENT.
IF YOU HAVE QUESTIONS, PLEASE
E-MAIL HUD TV AT HUD DOT GOV.
OR YOU MAY CALL (202)708-6073.
SO THAT'S THE PLAN FOR TODAY'S
I WILL NOW BEGIN BY GIVING SOME
BACKGROUND.
THE FEDERAL FAIR HOUSING ACT,
WHICH HUD ADMINISTERS AND
ENFORCES PROHIBITS HOUSING
PRACTICES THAT DISCRIMINATE
BECAUSE OF RACE, COLOR, NATIONAL
OR BEGIN, REL
DISABILITY AND FAMILIAL STATUS.
THE FAIR HOUSING ACT DOES NOT
SPECIFICALLY LIST ***
ORIENTATION AND GENDER IDENTITY
AS PROHIBITED BASES.
WITH THIS BACKDROP, ASSI
SECRETARY ISSUED A MEMO TO HUD
OFFICE OF FAIR HOUSING AND EQUAL
OPPORTUNITY REGIONAL DIRECTORS
ON JUNE 15th, 2010 ENTITLED
ASSESSING COMPLAINTS THAT
INVOLVE *** ORIENTATION,
GENDER IDENTITY AND GENDER
EXPRESSION.
THAT MEMO DO
FIRST, WHILE RECOGNIZING THAT
*** ORIENTATION AND GENDER
IDENTITY ARE NOT NOW
SPECIFICALLY IDENTIFIED IN THE
FAIR HOUSING ACT AS PROHIBITED
BASES, THE MEMO REMINDS HUD
STAFF TO THOROUGHLY REVIEW
LGBT PERSONS TO DETERMINE IF THE
CLAIMS ARE JURISDICTIONAL UNDER
THE HOUSING ACTS BASES.
FOR EXAMPLE, A GAY MAN ALLEGES
*** ORIENTATION
DISCRIMINATION BY HIS LANDLORD,
AND THER
THE LANDLORD'S ALLEGED
DISCRIMINATORY CONDUCT MAY AT
LEAST IN PART BE DUE TO A
PERCEPTION THAT BECAUSE THE MAN
IS GAY HE HAS ***/AIDS.
THAT ALLEGATION MAY BE COVERED
UNDER THE FAIR HOUSING ACT AS
BECAUSE THE MAN IS REGARDED AS
HAVING A DISABILITY, ***/AIDS.
IN ADDITION, BASED ON EVOLVING
CIVIL RIGHTS CASE LAW,
PARTICULARLY IN THE TITLE 7
EMPLOYMENT DISCRIMINATION
CONTEXT, CERTAIN COMPLAINTS OF
DISCRIMINATION
COMMUNITY MAY BE JURISDICTIONAL
UNDER THE FAIR HOUSING ACT'S
PROHIBITION OF SEX
DISCRIMINATION.
FOR EXAMPLE, A TRANSGENDER
PERSON'S EXPERIENCE WITH HOUSING
DISCRIMINATION BECAUSE OF NOT
CONFORMING TO STEREOTYPICAL
IS SUPPOSED TO LOOK OR ACT MAY
BE COVERED UNDER THE FAIR
HOUSING ACT AS SEX
DISCRIMINATION.
KATHLEEN PENNINGTON WILL BE
TALKING MORE SPECIFICALLY ABOUT
THAT ISSUE IN A FEW MINUTES.
NOW, IN ACCORDANCE WITH THE
MEMO,
IS COVERAGE AND THE COMPLAINT IS
OTHERWISE JURISDICTIONAL, HUD
WILL PROVIDE WITH AN
INVESTIGATION.
AS A RESULT, WE BELIEVE THAT
THERE WILL BE MORE PROTECTION
FOR VICTIMS OF DIS
IF WE DETERMINE THAT THERE IS NO
COVERAGE, THE MEMO INSTRUCTS
FHEO STAFF TO PUT A SHORT
SUMMARY IN THE ALLEGATION OF
SECTION OF TEAPOTS.
TEAPOTS IS HUD'S COMPLAINT DATA
INFORMATION SYSTEM.
IN THAT SUMMARY, HUD STAFF
SHOULD INCLUDE
ORIENTATION OR GENDER IDENTITY.
THIS WILL ALLOW HUD TO TRACK THE
NUMBER AND TYPE OF ***
ORIENTATION AND GENDER IDENTITY
HOUSING DISCRIMINATION
ALLEGATIONS THAT WE RECEIVE BUT
OVER WHICH WE DO NOT HAVE
JURISDICTION.
THE THIRD PIECE OF
INSTRUCTS FHA O STAFFS TO DEFER
COMPLAINTS INVOLVING ***
ORIENTATION AND JENDER IDENTITY
TO STATE AND LOCAL ENFORCEMENT
AGENCIES SO A DETERMINATION OF
COVERAGE MAY ALSO BE MADE UNDER
STATE AND LOCAL LAW.
THE MEMO INCLUDES A LIST OF
SPECIFICALLY INCLUDE ***
ORIENTATION AND GENDER IDENTITY
IN THEIR STATE AND LOCAL LAWS AS
WELL AS THE STATE AGENCIES THAT
ENFORCE SUCH LAWS, SOME OF WHICH
PARTICIPATE IN THE FAIR HOUSING
ASSISTANCE PROGRAM.
FOLLOWING THE GUIDANCE, HUD
HUD DOT GOV ENTITLED ENDING
HOUSING DISCRIMINATION AGAINST
LESBIAN, GAY, BISEXUAL AND
TRANSGENDER INDIVIDUALS AND
THEIR FAMILIES.
THE WEB PAGE SETS FORTH THE
SCOPE OF OUR JURISDICTION AND
ENCOURAGES LGBT VICTIMS OF
HOUSING DISCRIMINATION TO
CONTACT HUD AND STATE AND LOCAL
AGENCIES FOR ASSISTANCE.
SO WITH THAT GENERAL CONTEXT,
MAYA RUPPERT WILL NOW PRESENT.
MAYA.
>> THANK YOU SO MUCH.
AND I WANT
AGAIN, FOR JOINING US THIS
AFTERNOON FOR THIS DISCUSSION
AND ENCOURAGE EVERYONE, ONCE
AGAIN, TO, IF YOU DO HAVE
QUESTIONS, TO E-MAIL OR TO CALL
IN.
MY NAME IS MAYA RUPPERT, I'M THE
FEDERAL POLICY ATTORNEY FOR THE
RIGHTS.
MY CONTACT INFORMATION IS
AVAILABLE ON THE POWER POINT
THAT WILL BE AVAILABLE FOR
DOWNLOAD AND SHOULD BE ON THE
SCREEN NOW.
I ENCOURAGE YOU TO CONTACT ME IF
THERE ARE ANY ADDITIONAL
QUESTIONS AFTER THIS
PRESENTATIO
TO TALK TO ME ABOUT.
I'M MORE THAN WILLING TO SERVE
AS A RESOURCE.
NCOR IS VERY GREATLY TO HUD FOR
ITS LEADERSHIP ON THIS ISSUE AND
FOR THE WORK THAT'S BEING DONE,
AND WE WOULD VERY MUCH LIKE TO
BE A RESOURCE FOR ANY HUD STAFF
THAT NEEDS ADDITIONAL HELP, B SO
PLEASE FEEL FREE TO CONTACT ME.
ESSENTIALLY WHAT I WANT TO DO IS
TALK TO EVERYBODY TODAY ABOUT
BEST PRACTICES FOR RECOGNIZING
HOUSING DISCRIMINATION AGAINST
LGBT PEOPLE ON
GENDER STEREOTYPES AND ALSO TO
UNDERSTAND THE BASIC CONCEPTS
BEHIND DISCRIMINATION BASED ON
NONCONFORMITY WITH SEX
STEREOTYPES, AND THAT MEANS
TALKING ABOUT SOME DEFINITIONS
AND TERMS WE'LL BE US
GENERAL NONCONFORMING IS AN
UNVALID TERM USED TO DESCRIBE A
WIDE RANGE OF EXPERIENCES
RELATING TO GENDER AND IS USED
FOR MANY PEOPLE, INCLUDING
TRANSGENDER, CROSS DRES
OTHERS THAT SEEM ATYPICAL.
THE TERM GENDER NONCONFORMING IS
A TERM WE'RE GOING TO USE OFTEN.
IT'S A VERY BROAD TERM ANDEN CAM
ENCOMPASSES A NUMBER OF
DIFFERENT PEOPLE.
GENDER IDENTITY IS SPECIFICALLY
REFERRING TO ONE'S INT
FEELING OF BEING MALE OR FEMALE
OR SOMETIMES SOMETHING IN
BETWEEN.
GENDER EXPRESSION IS A RELATED
TERM, BUT IT IS DISTINCT.
GENDER EXPRESSION REFERS TO THE
SOCIAL AND BEHAVIORAL
CHARACTERISTICS THAT ARE
CULTURAL ASSOCIATED WITH
MALE
SO IT'S IMPORTANT TO REMEMBER
THAT GENDER IDENTITY AND GENDER
EXPRESSION WILL SOMETIMES MATCH.
SOMEONE WILL DESCRIBE HAVING THE
INTERNAL FEELING OF BEING MALE
AND IN TURN WILL ENGAGE IN
GENDER EXPRESSION THAT IS
TYPICALLY ASSOCIATED WITH BEING
DIFFERENT.
SOMEONE CAN HAVE A GENDER
IDENTITY THAT IS MALE OR FEMALE
AND THEN ALSO ENGAGE IN BEHAVIOR
THAT EXPRESSES GENDER THAT CAN
EITHER BE MALE OR FEMALE.
GENDER TRANSITION IS A PROCESS
BY WHICH TRANSGENDER PEOPLE MOVE
TOWARD LIVING
THEIR CORRECT GENDER IDENTITY.
SO IF A PERSON HAS A GENDER
IDENTITY THAT, FOR EXAMPLE, DOES
NOT MATCH THE GENDER THEY WERE
ASSIGNED AT BIRTH, GENDER
TRANSITION IS THE PROCESS BY
WHICH THEY BEGIN TO PRESENT THE
GENDER THAT
THEIR GENDER IDENTITY.
WHAT'S IMPORTANT TO REMEMBER IS
THAT TRANSITION LOOKS
DIFFERENTLY FOR REALLY EVERY
PERSON, AND SO THERE IS NO SORT
OF ONE WAY THAT PEOPLE
TRANSITION.
SOMETIMES TRANSITION WILL
INVOLVE MEDICAL TR
SOMETIMES IT WON'T.
IT WILL OFTEN INVOLVE TAKING
ESTROGEN OR TESTOSTERONE, AND A
LOT OF TIMES IT WILL INVOLVE
MOOD CHANGES AND CORRESPONDING
IDENTIFICATION DOCUMENT CHANGES,
BUT SOMETIMES IT WON'T.
AND SO THAT'S A REALLY IMPORTANT
PURPOSES OF IDENTIFYING HOUSING
DISCRIMINATION BASED ON
NONCONFORMITY WITH GENDER
STEREOTYPES.
VERY OFTEN WHAT WILL HAPPEN IS
SOMEONE WILL ARE BE PRESENTING
FULL TIME IN ACCORDING ANSWER
WITH THEIR GENDER IDENTITY, AND
THAT GENDER IDENTITY WIL
MATCH THE GENDER THEY WERE
ASSIGNED AT BIRTH.
SO THEY WILL HAVE A NAME THAT
THEY GO BY THAT WILL CORRESPOND
WITH THEIR GENDER IDENTITY, AND
THEY MAY OR MAY NOT HAVE ALREADY
CHANGED THEIR ID OR PASSPORT OR
OTHER DOCUMENTATION TO PROVE
THAT THAT'S THEIR LEGAL NAME.
SO VERY OFTEN WHAT
IS A PERSON WILL BE SORT OF
OUTED BY HAVING TO FILL OUT A
RENTAL APPLICATION, FOR EXAMPLE.
THEY'LL NEED TO GIVE THEIR LEGAL
NAME, AND AT THAT POINT, IT WILL
BECOME CLEAR THAT THEIR LEGAL
NAME DOESN'T MATCH THE
THAT'S BEING USED AND ALSO WILL
NOT NECESSARILY MATCH THE GENDER
IDENTITY THAT THEY ARE
PRESENTING AS, AND THAT'S A
SITUATION WHERE A LOT OF PEOPLE
BECOME MORE VULNERABLE TO
HOUSING DISCRIMINATION.
SO JUST KEEP IN MIND THAT
EVERYBODY'S EXPERIENCE IN
TRANSITIONING IS DIFFERENT, BUT
IT'S ALSO A VERY DIFFICULT
EXPERIENCE.
THAT'S JUST A GOOD THING TO KEEP
IN MIND WHEN SOMEONE CALLS AND
IS DESCRIBING AN INSIDE KENT OF
OF -- AN INCIDENT OF
DISCRIMINATION.
BEAR IN MIND, S
DISCRIMINATED AGAINST IS VERY
VULNERABLE TO A NUMBER OF
DISCRIMINATION IN VARIOUS TYPES,
SO IT'S GOING TO BE USEFUL FOR
MAKING SURE YOU'RE PROVIDING
RESOURCES THAT PEOPLE NEED.
*** ORIENTATION AND GENDER
IDENTITY OR GENDER EXPRESSION
ARE DIFFERENT, AND THAT'S A
POINT
CONFUSED ABOUT, SO I WANTED TO
SPEND A LITTLE BIT OF TIME
TALKING ABOUT THAT.
*** ORIENTATION REFERS
SPECIFICALLY TO THE RELATIVE
GENDER OF A PERSON'S ROMANTIC
PARTNER.
SO *** ORIENTATION WILL BE
HETEROSEXUAL, GAY OR
BISEXUAL.
GENDER IDENTITY REFERS TO, LIKE
WE SAID EARLIER, AN INTERNAL
FEELING OF MALENESS OR
FEMALENESS.
SO A TRANSGENDER PERSON CAN HAVE
ANY NUMBER OF DIFFERENT ***
ORIENTATIONS.
THEY CAN
OR LESBIAN.
SO IT DOESN'T TELL YOU ANYTHING
ABOUT THEIR *** ORIENTATION,
AND THAT'S JUST A GOOD THING TO
KEEP IN MIND.
JUST A FEW CULTURAL COMPETENCY
REMINDERS, IT'S IMPORTANT TO
INTERACT WITH
IN ACCORDING ANSWER WITH THEIR
GENDER IDENTITY, REGARDLESS OF
THE GENDER THEY WERE BORN AS OR
THE STAGE THEY ARE IN THEIR
TRANSITION.
IF SOMEONE IDENTIFIES AS A
WOMAN, EVEN IF SHE WERE BORN AS
A MAN, SHE SHOULD BE TREATED AS
A WOMAN, AND THAT MEANS USING
FEMALE
HER AS MS., MA'AM, AND THE SAME
IS TRUE FOR A MAN WHO IDENTIFIES
AS A MAN EACH IF HE WAS BORN
AS -- EVEN IF HE WAS BORN AS A
WOMAN.
IF HE SAYS I IDENTIFY AS A MAN,
USE THE NAME THAT HE'S ASKING
YOU TO USE, R
HAD HIS NAME CHANGE.
REFER TO HIM AS SIR AND MISTER.
THAT'S GOING TO BE INCREDIBLY
IMPORTANT IN MAKING SURE PEOPLE
UNDERSTAND HUD IS TAKING THESE
CLAIMS OF DISCRIMINATION
SERIOUSLY.
IF YOU KEEP IN MIND, AGAIN, THAT
THIS IS SOMEONE WHO HAS JUST
THE HOUSING CONTEXT AND VERY
OFTEN THAT DISCRIMINATION LOOKS
LIKE SOMEONE REFUSING TO
ACKNOWLEDGE THEIR GENDER
IDENTITY, TO USE THE CORRECT
PRONOUNCE TO, USE THE CORRECT
NAME.
THE EASIEST WAY FOR HUD TO
SIGNAL THAT THIS IS SOMETHING
THAT THE AGENCY IS TAKING
INVESTIGATE IS TO MAKE SURE
PEOPLE ARE BEING TREATED WITH
WITH RESPECT WITH RESPECT TO
THEIR GENDER IDENTITY.
SO I'M NOT GOING TO GO INTO THE
LEGAL ASPECTS OF EVERYTHING TOO
MUCH, JUST BECAUSE THAT'S
TO DO IN A LITTLE BIT, BUT JUST
BASICALLY I WANT TO SAY THAT THE
FAIR HOUSING ACT DOES PROHIBIT
DISCRIMINATION BASED ON SEX, AND
A PERSON WHO FACES
DISCRIMINATION BASED ON
NONCONFORMITY WITH SEX
STEREOTYPES IS FACING
DISCRIMINATION BECAUSE OF SEX.
THINK ABOUT IDENTIFYING THESE
TYPES OF DISCRIMINATION IS TO
THINK, IS THIS PERSON BEING
DISCRIMINATED AGAINST BECAUSE
THEY'RE FAILING TO CONFORM WITH
WHAT PEOPLE TRADITIONAL THINK OF
AS A, QUOTE, UNQUOTE, REAL MAN
OR
TO THAT QUESTION IS YES, CHANCES
ARE WHAT'S HAPPENING IS
DISCRIMINATION BECAUSE OF
NONCONFORMITY WITH SEX
STEREOTYPES.
SO I'M GOING TO TALK A LITTLE
BIT ABOUT IDENTIFYING WHAT THAT
DISCRIMINATION WILL LOOK LIKE.
I'LL GIVE YOU A COUPLE OF
EXAMPLES THAT WE'VE COLLECTED
FROM
OF CAN START TO SEE WHAT FORMS
THIS DISCRIMINATION TAKES, AND
THEN I'LL TURN IT OVER TO
KATHLEEN SO SHE CAN TALK ABOUT
THE ACTUAL LAW.
>> VERY OFTEN DISCRIMINATION
BASED ON SEX STE
GOING TO INVOLVE THE USE OF
SLURS AND EPITHETS.
NOW, AN INCREDIBLY COMMON AND
INCREDIBLY DEHUMANIZING ONE IS
TO REFER TO A PERSON AS IT AS
OPPOSED TO A MALE OR F
PRONOUN.
THAT'S SOMETHING A NUMBER OF
PEOPLE DESCRIBE EXPERIENCING
WHEN THEY ARE BEING
DISCRIMINATING AGAINST IN A
NUMBER OF DIFFERENT CONTEXT WHEN
IT'S BASED ON NONCONFORMITY WITH
SEX STEREOTYPES.
ALSO HE SHE, TRANNY, A NUMBER OF
COMMON EPITHETS THAT GO ALON
WITH THIS TYPE OF
DISCRIMINATION, BUT IT'S
IMPORTANT TO REMEMBER THAT
SOMETIMES THE SLURS THAT PEOPLE
WILL REPORT HAVING HEARD WILL BE
ANTI-GAY OR LESBIAN, BUT THEY'RE
STILL BASED ON NONCONFORMITY
WITH SEX STEREOTYPES.
ONE OF THE EXAMPLES I'M GOING TO
WHAT'S IMPORTANT TO REMEMBER IS
THAT JUST BECAUSE SOMEONE
DESCRIBES HEARING AN EPITHET OR
HEARING A SLUR THAT IS
TRADITIONALLY ASSOCIATED WITH
BEING ANTI-GAY OR LESBIAN, THAT
DOESN'T NECESSARILY MEAN THE
DISCRIMINATION THEY ARE FACING
WASN'T BASED ON SEX STEREOTYPE
AND SEX
FOR SOMETHING HUD CAN
INVESTIGATE.
ANOTHER TYPE OF DISCRIMINATION
PEOPLE WILL EXPERIENCE IS THE
REFUSAL TO REFER TO SOMEONE BY
THEIR PREFERRED NAME OR USE
CORRECT PRONOUNCE.
AGAIN, THAT'S SOMETHING THAT IS
CONTEXT BECAUSE THERE ARE OFTEN
LEGAL DOCUMENTS THAT A PERSON
HAS TO FILL OUT, AND SO IT
BECOMES VERY HARD FOR A
POTENTIAL RENTER OR BUYER TO
HIDE THE FACT THAT THEY PERHAPS
HAVEN'T CHANGED THEIR LEGAL NAME
OR HAD ID
THE WRONG GENDER MARKER, AND SO
ONCE THAT SORT OF BECOMES CLEAR
TO THE PERSON WHO IS RENTING OR
SELLING THE HOUSE, IT'S VERY
EASY TO THEN IDENTIFY
DISCRIMINATION BASED ON THAT,
BECAUSE THERE IS A REFUSAL TO
IDENTITY.
SO DISCRIMINATION BASED ON
INFORMATION OBTAINED FROM THE
APPLICATION IS ALSO A VERY
COMMON WAY TO IDENTIFY THAT KIND
OF DISCRIMINATION.
SO I WA
OF EXAMPLES THAT WE'VE COLLECTED
OF HOUSING DISCRIMINATION.
THESE ARE EXAMPLES THAT WERE
TAKEN FROM -- THESE ARE REAL
LIFE EXAMPLES.
BECAUSE OF THAT, I DON'T USE
PEOPLE'S FULL NAME.
IN MODESTO, CALIFORNIA, THERE
WERE TWO WOMEN, A LONG TIME
ANTI-GAY AND RACIST COMMENTS
FROM THE MANAGER OF THEIR
APARTMENT COMPLEX, BUT THE
DISCRIMINATION, WHILE THEY
ENDURED ANTI-GAY COMMENTS, THE
DISCRIMINATION WAS
DISCRIMINATIONED BASED ON
NONCONFORMITY SEX STEREOTYPES.
ONE OF THE WOMEN TENDED TO WEAR
MASCULINE CLOTHING AND WORE HER
HAIR SHORT, AND THE APARTMENT
MANAGER REPEATEDLY MADE COMMENTS
ABOUT WHY IS
CLOTHING AND OFTEN REFERRED TO
HER AS A ***.
WHEN HER PARTNER REQUESTED
REPAIRS TO BE DONE TO THEIR
APARTMENT, THE APARTMENT MANAGER
ASKED HER, WHY DON'T YOU HAVE
YOUR HUSBAND DO IT?
NOW THIS IS A SITUATION I WAS
DESCRIBING EARLIER WHERE TH
EPITHET, ***, IS TYPICALLY
CONSIDERED AN ANTILESBIAN HE
EPITHET, SO IT WOULD BE SORT OF
EASY TO LOOK AT THIS THAT WHAT
THEY'RE FACING IS DISCRIMINATION
BASED ON *** ORIENTATION.
BUT IF YOU LOOK AT
IT'S A A WHOLE, WHAT'S HAPPENING
IS THE APARTMENT MANAGER WAS
DISCRIMINATING AGAINST THEM
BECAUSE HE DIDN'T FEEL THAT ONE
OF THE WOMEN CONFORMED TO WHAT
HE CONSIDERED TO BE A REAL
WOMAN.
SHE WORE HER HAIR SHORT,
MASCULINE CLOTHING, AND AS A
RESULT HE REFERRED TO HER AS
HUSBAND.
THAT'S THE KIND OF SITUATION
WHERE ONCE YOU UNDERSTAND
EVERYTHING THAT'S GOING ON IT
BECOMES MUCH CLEARER THAT THIS
IS DISCRIMINATION BASED ON
STEREOTYPES ABOUT WHAT WOMEN ARE
LIKE.
OUR NEXT STORY COMES FROM
EUGE
KAY, WHO WAS A TRANSGENDER
WOMAN, APPLIED FOR AN APARTMENT
AND WAS INVITED TO THE BUILDING
TO TAKE A TOUR.
WHILE TOURING THE APARTMENT, SHE
OVERHEARD PEOPLE IN THE RENTAL
OFFICE WHISPERING ABOUT HER AND
ASK IF IT'S A BOY OR A GIRL.
AFTER THE TOUR, SHE WAS TOLD HER
APPLICATION WAS
BECAUSE SHE, QUOTE, WASN'T A
GOOD FIT FOR THE RESIDENTIAL
COMMUNITY.
THIS IS A SITUATION WHERE,
AGAIN, SHE HEARD THESE SLURS,
YOU KNOW, IF IT'S A BOY OR A
GIRL, AND SHE WAS -- SHE
OFFICIALLY APPLIED FOR THE
APARTMENT AND WAS INVITED FOR A
TOUR.
SHE ONLY WAS TOLD
BE A GOOD FIT ONCE PEOPLE MET
HER AND ASSUMED SHE WAS
TRANSGENDER.
AGAIN, THAT'S ONE OF THESE
SITUATIONS WHERE ON PAPER SHEP
SHEP -- ON PAPER, SHE WAS FINE,
AND ONCE SHE CAME AND PEOPLE
RESPONDED TO HER, THAT'S WHEN
SHE WAS TOLD SHE WOULDN'T BE A
GOOD FIT.
ABOUT A TRANSGENDER MAN FROM
RICH LAND, WASHINGTON.
M AND HIS WIFE RENTED AN
APARTMENT USING A SECTION 8
VOUCHER.
ORIGINALLY THEIR APPLICATION WAS
ACCEPTED, BUT ONCE IT WAS FOUND
OUT THAT HE WAS
LANDLORD BEGAN REFERRING TO HIM
AS IT.
HE RECEIVED A LOT OF HARASSMENT,
WAS ALSO TOLD THAT HE COULDN'T
PUT HIS WIFE ON HIS SECTION 8
VOUCHER.
THE
THAT FOR A NUMBER OF -- I'M
SORRY.
FOR A NUMBER OF MONTHS, THEY
SORT OF HAD TO -- THEY HAD TO
FIGHT BACK AND FORTH, AND
ULTIMATELY THE APARTMENT COMPLEX
MADE THE DECISION
THE REQUISITE APPLICATION IN
ORDER FOR HIM TO GET HIS SECTION
8 VOUCHER BACK.
SO FOR A NUMBER OF MONTHS, THAT
LEFT THE FAMILY EFFECTIVELY
HOMELESS.
SADLY, THAT'S THE REALITY OF A
NUMBER OF THE HOUSING
DISCRIMINATION STORIES, IS THAT
IN THE PAST THERE HAVE NOT BEEN
A NUMBER OF RECOURSES, AND AS A
RESULT, IT HAS MADE HOMELESSNESS
AND HOUSING SECURI
DISPROPORTIONATELY HIGH IN THE
TRANSGENDER COMMUNITY.
REALLY, IT'S A PROBLEM.
IT'S A TRAGIC PROBLEM AND ONE
WE'RE VERY EXCITED THAT HUD IS
TAKING A LOOK AT AND TAKING
LEADERSHIP ON.
WITH THAT, I'M GOING TO TURN IT
OVER TO KATHLEEN TO TALK A
LITTLE BIT MORE ABOUT THE LAW.
>> THANK YOU, MIE A THAT
MAYA.
THAT WAS REALLY HELPFUL.
GOOD MORNING EVERYBODY.
GOOD MORNING PEOPLE OUT WEST.
GOOD AFTERNOON TO THOSE OF YOU
HERE.
AS KIM NOTED EARLIER, THE FAIR
HOUSING ACT PROHIBITS
THAT -- THE ACT DOES NOT
PROHIBIT DISCRIMINATION AGAINST
LGBT PERSONS.
WE WERE ASKED BY FH AND OE TO DO
SOME ANALYSIS TO SEE WHETHER
LGBT PERSONS MIGHT BE C
DISCRIMINATION BASED ON SEX.
WE FOUND NO FAIR HOUSING CASES
ADDRESSING COVERAGE OF LGBT
PERSONS.
THERE IS, HOWEVER, A
CONSIDERABLE BODY OF TITLE 7
CASE LAW ADDRESSING SUCH
COVERAGE.
AND AS YOU KNOW, WE OFTEN LOOK
TO T
RIGHTS CASE LAW FOR GUIDANCE IN
INTERPRETING THE FAIR HOUSING
ACT.
LIKE THE FAIR HOUSING ACT, TITLE
7 PROHIBITS DISCRIMINATION
BECAUSE OF SEX.
TITLE 7 CASE LAW IS CLEAR ON
*** ORIENTATION.
COURTS HAVE UNIFORMLY HELD T
DISCRIMINATION BECAUSE OF SEX
DOES NOT INCLUDE DISCRIMINATION
BECAUSE OF *** ORIENTATION.
SO CLAIMS OF DISCRIMINATION
BASED ON *** ORIENTATION ARE
NOT UNDER TITLE 7.
LGB
VIRTUE OF SUCH PROTECTED BY
TITLE 7.
SIMILARLY.
COURTS HAVE HELD TRANSGENDER
PERSONS ARE NOT PROTECTED BY
THAT STATUS OF TITLE
ADDITIONALLY A COURT HERE HAS --
THE COURT FOUND THAT REFUSING TO
HIRE A PERSON WHO IS
TRANSITIONING FROM MALE TO
FEMALE IS LITERALLY
DISCRIMINATION BECAUSE OF SEX.
OTHER COURTS HAVE NOT REACHED
THE SAME CONCLUSION,
WE COULD EXPECT THE COURTS
INTERPRETING THE FAIR HOUSING
ACT ARE LIKELY TO FOLLOW TITLE 7
PRECEDENT, THUS COMPLAINTS OF
DISCRIMINATION, BECAUSE ONE IS
LGBT, DO NOT STATE A CLAIM UNDER
THE FAIR HOUSING ACT.
HOWEVER, COMPLAINTS OF
DISCRIMINATION BASED O
NONCONFORMITY WITH GENDER
STEREOTYPES MAY BE ACTIONABLE,
BECAUSE DISCRIMINATION BASED ON
SEX INCLUDES DISCRIMINATION
BECAUSE THE VICTIM DID NOT
CONFORM TO STEREOTYPES ABOUT HIS
OR HER SEX.
THIS CONCEPT COMES FROM
PRICE-WATERHOUSE VE
IT'S A SUPREME COURT CASE IN
WHICH THE SUPREME COURT HELD
THAT IT IS ILLEGAL TO
DISCRIMINATION AGAINST A PERSON
BECAUSE HE OR SHE DID NOT ACT IN
ACCORDANCE WITH STEREOTYPES
ABOUT HIS OR HER SEX.
THE COURT STATED
FORBIDDING EMPLOYERS TO
DISCRIMINATE AGAINST INDIVIDUALS
BECAUSE OF THEIR SEX, CONGRESS
INTENDED TO STRIKE AT THE ENTIRE
SPECTRUM AT DISPARITY TREATMENT
OF MEN AND WOMEN AS A RESULTING
IN SEX STEREOTYPES N THAT CASE
MAKE A WOMAN PARTNER BECAUSE SHE
WAS NOT FEMININE ENOUGH.
THE FIRM ASKED HER TO STYLE HER
HAIR, WEAR MAKEUP AND GO TO
CHARM SCHOOL.
THE COURT HELD THAT THIS
CONSTITUTED DISCRIMINATION
BECAUSE OF SEX IN
TITLE 7.
THE NINTH CIRCUIT HAS EXPLAINED
THAT UNDER PRICE-WATERHOUSE, SEX
ENCOMPASSES BOTH SEX IO, THE
BIOLOGICAL DIFFERENCES BETWEEN
MEN AND WOMEN AND GENDER.
THE COURT SAID
BECAUSE ONE FAILS TO ACT IN A
WAY EXPECTED OF A MAN OR WOMAN
IS FORBIDDEN UNDER TITLE 7.
THE TERM SEX AND GENDER ARE
INTERCHANGEABLE.
COURTS HAVE USED
PRICE-WATERHOUSE'S SEX
STEREOTYPING THEORY TO
TITLE 7 PROTECTIONS FOR PERSONS
WHO ARE LGBT.
THEY HAVE OFTEN STATED, THOUGH,
THAT SEX STEREOTYPING CLAIMS ARE
DIFFICULT TO ASSESS WHEN THE
PLAINTIFF IS LGBT.
WHEN PRESENTING WITH ALLEGATIONS
OF SEX STEREOTYPING BY A
PLAINTIFF WHO I
BE LGBT, COURTS LOOK TO WHETHER
THE DISCRIMINATION WAS MOTIVATED
BY PLAINTIFF'S NONCONFORMANCE
WITH SEX STEREOTYPES OR BY HIS
OR HER ACTUAL OR PERCEIVED LGBT
STATUS.
COURTS HAVE NOTED THE DIFFICULTY
IN DRAWING THE LINE BETWEEN THE
TWO AND
USING ALLEGATIONS OF SEX
STEREOTYPING TO BOOTSTRAP
PROTECTION FOR ***
ORIENTATION INTO TITLE 7.
AS THE SEVENTH CIRCUIT NOTED,
DISTINGUISHING BETWEEN FAILURE
TO ADHERE TO SEX STEREOTYPES,
*** STEREOTYPING CLAIM
PERMISSIBLE UNDER TITLE 7, AND
DISCRIMINATION BASED ON ***
ORIENTATION, A CLAIM NOT COVERED
BY TITLE 7, MAY BE DIFFICULT,
PARTICULARLY WHEN PERCEPTION OF
HOMOSEXUALITY ITSELF MAY RESULT
FROM AN IMPRESSION OF
NONCONF
STEREOTYPES.
BECAUSE TITLE 7 PROHIBITS SEX
STEREOTYPING BUT NOT ***
ORIENTATION, A PLAINTIFF WHO
WISHES TO AVAIL HIM OR HERSELF
OF A TITLE 7 CLAIM OF
DISCRIMINATION BECAUSE OF SEX
STEREOTYPING MUST SHOW THAT HE
OR SHE FAILS TO ACT AND/OR
IDENTIFY WITH HIS OR HER AGENDA
AND THAT THE DEFENDANT ACTED
BECAUSE OF THAT NONCONFORMITY.
COURTS HAVE FREQUENTLY REJECTED
TITLE 7 CLAIMS BY GAY AND
LESBIAN P
THE ALLEGED DISCRIMINATORY
CONDUCT WAS RELATED TO
PERCEPTIONS ABOUT THE
PLAINTIFF'S *** ORIENTATION
RATHER THAN HIS OR HER P
NONCONFORMING BEHAVIORS.
THIS DOES NOT MEAN THAT LGBT
PERSONS MAY NOT BRING CLAIMS
BASED ON
INDEED COURTS HAVE REJECTED THE
IDEA THAT HOMOSEXUAL IS PER SE||
PRECLUDE FROM BRINGING A SEX
STEREOTYPING CLAIM.
AS THE THIRD CIRCUIT MADE CLEAR,
THERE IS NO BASIS IN THE LAW TO
SUPPORT THE NOTION THAT AN OO
THIRDLY, DISCRIMINATION AGAINST
A PLAINTIFF WHO IS ***
AND THEREFORE FAILS TO ACT TO
IDENTIFY WITH HIS
IS NO DIFFERENT THAN DESCRIM
NATION AGAINST THE PLAINTIFF IN
PRICE-WATERHOUSE WHO IN
STEREOTYPICAL TERMS DID NOT ACT
LIKE A WOMAN.
HOWEVER, IN DISCRIMINATION
CLAIMS BASED ON SEX STEREOTYPING
OF GAYS AND LESS BANS, COURTS
FACE DIFFICULT -- LESBIAN AS
COURTS FACE DIFFICULTY.
THUS, ALL LGBT PLAINTIFFS, IN
MAKING A SEX STEREOTYPING CLAIM,
MUST MAKE
MANNERISMS THEY BELIEVE DID NOT
CONFORM TO DEFENDANT'S
STEREOTYPE MOTIONS OF HOW A
PERSON OF HIS OR HER SEX SHOULD
LOOK AND BEHAVE.
NONETHELESS, MIXED MOAT OF
CONCEPTS APPLY.
THE THIRD CIRCUIT HAS STATED
THAT ONCE SHOWN THE
DISCRIMINATION IS MOTIVATED BY
SEX, IT IS NO DEFENSE THAT IT
LITTLE MAY BHAVE BEEN MOTIVATED
BY ANTI-GAY.
FOR EXAMPLE, HAD THE PLAINTIFF
BEEN A LESBIAN, THAT FACT
HAVE SUPPLIED THE LAWYER WITH NO
EXCUSE FOR ITS DECISION TO
DISCRIMINATE AGAINST HER BECAUSE
SHE FAILED TO CONFORM TO
STEREOTYPES.
SOME EXAMPLES OF SEX
STEREOTYPING CLAIMS, A FEMALE
HOTEL WORKER WHO CLAIMED THAT
SHE WAS FIRED BECAUSE SHE
PRETTY AND DIDN'T HAVE A
MIDWESTERN GIRL LOOK.
A MAN WHO ALLEGED HE WAS
HARASSED BECAUSE HE HAD OO --
FEMININE
A MALE WAITER WHO WAS HARASSED
BECAUSE HE HAD FEMININE MANNER.
>>>.
COWORKERS CALLED HIM SHE, ***
AND OTHER DEROGATORY NAMES AND
MOCKED HIM FOR CARRYING HIS TRAY
LIKE A WOMAN.
DISCRIMINATION AGAINST A
PREOPERATIVE TRANS GENTER MALE
SHE DID NOT CONFORM TO MALE
STEREOTYPES.
THE *** ASSAULT OF A PERSON
TRANSITIONING FROM MALE TO
FEMALE MOTIVATED AT LEAST IN
PART BY GENDER, IE, BY HER
ASSUMPTION OF
THAN TYPICALLY MASCULINE
APPEARANCE OR DEMEANOR.
THESE ARE ALL EXAMPLES OF CLAIMS
THAT THE COURT HAVE SAID ARE
DISCRIMINATION.
HOW DOES THIS ALL TRANSLATE TO
THE FAIR HOUSING ACT?
AS UNDER TITLE 7, A DEFENDANT
WHO DI
PERSON BECAUSE THAT PERSON DOES
NOT CONFORM TO STEREOTYPES ABOUT
HIPS OR HER SEX -- ABOUT HOW HIS
OR HER SEX ACTS VIOLATES THE
FAIR HOUSING ACT.
THIS IS TRUE WHETHER OR NOT THE
PERSON IS LGBT.
ACCORDINGLY, FH AND EO HAS
JURISDICTION TO INVESTIGATE
ALLEGATIONS OF DISCRIMINATION
INCLUDING AGAINST PLAINTIFFS WHO
ARE LGBT.
SOME EXAMPLES OF POSSIBLE
TENANT AFTER OBSERVING THAT THE
TENANT IS TRANSITIONING FROM
MALE TO FEMALE, TELLING ANOTHER
TENANT HE DIDN'T WANT ANY FERRIS
ON THE PROPERTY.
AIT -- FAIRIES ON THE
CALLING HIM GIRL, WHISTLING AT
HIM, MAKING SEXUALLY OFFENSIVE
GESTURES.
AN APARTMENT MANAGE WHO'RE
REFUSES TO MAKE REPAIRS FOR --
THIS IS VERY SIMILAR TO THE
EXAMPLE THAT MAYA JUST GAVE, A
LESBIAN WHO W
CLOTHING, TELLING HER THAT OTHER
MEN IN THE BUILDING FIX THEIR
OWN LEAKY TOILETS.
FOR A SEX STEREOTYPING COMPLAINT
TO BE JURISDICTIONAL, IT MUST
ALLEGED THE RESPONDENT'S ACTIONS
WERE MOTIVATED AT LEAST I
BY THE COMPLAINT ANTS
NONCONFORMANCE.
BECAUSE THE DIFFICULTY IN
DISTINGUISHING DISCRIMINATION
BASED ON SEX STEREOTYPES, WHICH
IS COVERED BY THE ACT FROM
DISCRIMINATION BASED ON ONE'S
LGBT
COVERED BY THE ACT, A
DETERMINATION OF REASONABLE
CAUSE WOULD REQUIRE DISTINCT
EVIDENCE OF A COMPLAINANT'S
NONCONFORMITY AND RESPONDENT'S
ACTIONS REGARDING SUCH.
INVESTIGATORS MUST GAT
EVIDENCE CONCERNING BOTH OF
THESE THINGS, THE NONCONFORMITY
ON HOW THE RESPONDENT REACTED.
WITHOUT EVIDENCE OF THE
PLAINTIFF'S APPEARANCE OR MAN
RISMS DID NOT CONFORM --
MANNERISMS DID NOT CONFORM TO
TRADITIONAL STEREOTYPES IN AN
STATE ADD -- STATED A CLAIM
BASED ON SEX.
THEY SUGGEST THE FOLLOWING
QUESTIONS DURING THE THE
INVESTIGATION.
WHY DOES THE CLAIMANT BELIEVE
RESPONDENT DISCRIMINATED AGAINST
HIM OR
WHY DOES CLAIMANT THINK
RESPONDENT'S ACTIONS WERE BASED
ON HIS OR HER'S NONCONFORMITY
WITH GENDER STEREOTYPES.
HOW DOES CLAIMANT BELIEVE HE OR
SHE ACTS?
DID RESPONDENT SAY ANYTHING TO
DID RESPONDENT SAY ANYTHING TO
HOUSING EMPLOYEES OR RESIDENTS
SUGGESTING BIAS?
WHAT?
MANY OF THESE CASES ARE GOING TO
BE ESTABLISHED BY STATEMENTS
THAT THE RESPONDENT MAKES.
RECOGNIZING THAT THIS IS A NEW
AREA
PLEASE LET US KNOW IF YOU NEED
ANY ASSISTANCE.
YOU CAN CALL MY OFFICE HERE IN
WASHINGTON.
OUR NUMBER IS (202)708-0570.
YOU CAN CONSULT YOUR REGIONAL
COUNSEL, AND OF COURSE, YOU CAN
CONSULT FH
I'M SURE KEN IS READY AND ABLE
TO ANSWER ANY OF YOUR QUESTIONS,
AND NOW WE CAN -- SORRY.
I TURN IT BACK TO KENT.
>> THANK YOU, KATHLEEN.
PARTICULARLY, I THINK, THE
IN ORDER TO HELP FHEO AS WELL AS
FAP AGENCIES ELICIT WHETHER WE
HAVE JURISDICTION IN A COMPLAINT
INVOLVING SOMEBODY WHO IS LGBT
WILL BE PARTICULARLY HELPFUL.
SO WE APPRECIATE THAT
CURRENTLY FAIR HOUSING
ASSISTANCE PROGRAM INVESTIGATE
APPROXIMATELY 8,000 COMPLAINTS
OF HOUSING DISCRIMINATION
COMPLAINTS EACH YEAR.
I WILL NOW TALK ABOUT THE
RELEVANCE OF OUR LGBT
TO FAP AGENCIES.
FAP AGENCIES INVESTIGATE AN
ATTEMPT RESOLUTION OF HOUSING
DISCRIMINATION COMPLAINTS UNDER
STATE AND LOCAL LAWS THAT HUD
HAS DEEMED SUBSTANTIALLY
EQUIVALENT TO THE FAIR HOUSING
ACT.
IN EXCHANGE FOR THIS WORK,
AGENCIES.
THE STATE AND LOCAL LAWS MUST
HAVE THE BASE PROTECTIONS OF THE
FAIR HOUSING ACT IN ORDER FOR
HUD TO DEEM THOSE LAWS
SUBSTANTIALLY EQUIVALENT.
BUT WE VIEW THE FAIR HOUSING ACT
AS A FLOOR AND NOT A CEILING.
WHILE SUBSTANTIALLY EQUIVALENT
STATE AND LOCAL LAWS, IT ALLOWS
HUD TO DEEM A STATE OR LOCAL LAW
SUBSTANTIALLY EQUIVALENT EVEN IF
IT GOES FARTHER IN TERMS OF
PROTECTIONS FROM DISCRIMINATION.
FOR EXAMPLE, MANY FAP EAGS
ENFORCE HOUSING LAWS THAT UNLIKE
THE FAIR HOUSING ACT
SPECIFICALLY INCLUDE ***
ORIENTATION AND GENDER IDENTITY
AS PROHIBIT
THERE ARE 20 STATES AND NUMEROUS
LOCALITIES THROUGH THROUGHOUT
THE UNITED STATES THAT CURRENTLY
INCLUDE IT.
15 OF THOSE 20 STATES
PARTICIPATE IN THE FAP RIGHT
NOWLY SE
GUIDANCE APPLIES TO FAP
AGENCIES.
FIRST, FOR THOSE AGENCIES THAT
ENFORCE FAIR HOUSING LAWS THAT
SPECIFICALLY INCLUDE ***
ORIENTATION AND GENDER IDENTITY,
AND SECOND FOR THOSE FAP
AGENCIES THAT ENFORCE FAIR
HOUSING LAWS THAT LIKE THE FAIR
HOUSING ACT DO NOT SPECIFICALLY
COVER *** ORIENTATION AND
GENDER IDENTITY.
IN THE STATE AND LOCAL LAW THAT
THE FAP EAG ENFORCES
SPECIFICALLY INCLUDE ***
ORIENTATION AND GENDER IDENTITY,
THE FAP AGENCY SHOULD
COMPLAINTS FROM LGBT PERSONS FOR
COVERAGE UNDER PROHIBITED BASES
LIKE SEX IN ADDITION TO
ASSESSING THE COVERAGE ON THE
GENDER IDENTITY PROHIBITED
BASIS.
IF THERE IS FEDERAL COVERAGE,
THE FAP AGE
THE FEDERAL PROHIBITED BASIS IN
ADDITION TO *** ORIENTATION
AND GENDER IDENTITY.
THE FAP SHOULD FOLLOW THAT
COMPLAINT WITH HUD.
FOR EXAMPLE, A TRANSGENDER
PERSON COMES TO A FAP AGENCY
THAT ENFORCES A LAW THAT
SPECIFICALLY INCLUDES JENDER
IDENTITY AS A PROHIBITED BASIS.
THE PERSON ALLEGES HOUSING
DISCRIMINATION FOR GENDER
NONCONFORMITY.
IF THE ALLEGATION IS OTHERWISE
JURISDICTIONAL, THE FAP AGENCY
SHOULD FILE IT AS BOTH A GENDER
AT
IDENTITY AND S
COMPLAINT.
THE FAP AGENCY SHOULD NOTIFY HUD
AND PROCEED WITH AN
INVESTIGATION.
THE RESULT IS THE FAP AGENCY MAY
BE ELIGIBLE FOR REIMBURSEMENT
FOR HUD FOR THAT PARTICULAR
COMPLAINT, AND ADDITIONAL
COMPLAINTS WHERE THERE ARE
SIMILAR
NOW, WHEN THE STATE OR LOCAL LAW
THAT THE FAP AGENCY ENFORCES
DOES NOT SPECIFICALLY INCLUDE
*** ORIENTATION AND GENDER
IDENTITY AS PROHIBITED BASIS,
THEN THE FAP AGENCY SHOULD
ASSESS COMPLAINTS FROM LGBT
PERSONS FOR COVERAGE UNDER
EXISTING BASES, LIKE
CONSISTENT WITH OUR TRAINING
TODAY.
IF THE FAP AGENCY DERMTS THERE
THERE -- DETERMINES THERE IS
COVERAGE, IT SHOULD FILE THE
COMPLAINT UNDER THE
SUBSTANTIALLY EQUIVALENT LAW AND
DO A FILE WITH HUD.
FOR EXAMPLE, A TRANSGENDER
PERSON COMES
ALLEGING HOUSING DISCRIMINATION
FOR GENDER NONCONFORMITY.
IN THE PAST, THE F ASM P AGENCY
MAY HAVE VIEWED THAT ALLEGATION
AS NONJURISDICTIONAL BECAUSE
JENDER IDENTITY IS NOT A
PROHIBITED BASIS.
HOWEVER, BASED ON OUR GUIDANCE,
IF THE ALLEGATION IS OTHERWISE
JURISDICTIONA
SHOULD FILE THAT ALLEGATION AS
SEX DISCRIMINATION, NOTIFY HUD
FEE A TEAPOTS AND PROCEED WITH
AN INVESTIGATION.
AND AGAIN, THE RESULT HERE IS
THAT THE COMPLAINT MAY BE
REIMBURSABLE FROM HUD FOR
MAY BE AN OPPORTUNITY FOR
REIMBURSEMENT ON MORE CASES WITH
SIMILAR ALLEGATIONS.
SO THAT IS OUR PRESENTATION FOR
TODAY.
THE CURRENT SLIDE LISTS E-MAIL
CONTACT
MAYA, AND FOR KATHLEEN.
IN ADDITION, RIGHT NOW, WE WILL
OPEN THE TRAINING FOR QUESTIONS.
THE PHONE NUMBER TO CALL FOR
QUESTIONS IS (202)708-6073.
THE E-MAIL ADDRESS
QUESTIONS TO IS HUD TV AT HUD
DOT GOV.
WE HAVE AN
THE E-MAIL QUESTION IS, WHAT IS
THE DIFFERENCE BETWEEN GENDER
IDENTITY AND GENDER EXPRESSION.
MAYA, YOU HAD TALKED A LITTLE
BIT ABOUT THAT DISTINCTION.
MAYBE YOU CAN RECAP FOR US THE
DISTINCTION BETWEEN
TERMS AND ALSO I KNOW THAT
CERTAIN STATE AND LOCAL LAWS
INCLUDE BOTH OF THOSE TERMS AS
PROTECTED CLASSES UNDER THEIR
STATE OR LOCAL FAIR HOUSING
LAWS.
SO IF CUE SORT OF ELABORATE THAT
A LITTLE BIT,
GREAT.
>> SURE.
GENDER IDENTITY IS A PERSON'S
INTERNAL FEELING ABOUT BEING
EITHER MALE OR FEMALE OR NEITHER
OR BOTH OR SOMETHING IN BETWEEN.
GENDER EXPRESSION, THOUGH, IS
ACTUALLY THE SORT OF
CHARACTERISTIC THAT CAN
PERCEIVED BY OTHER PEOPLE THAT
WE HAVE CULTURAL ASSOCIATED WITH
BEING MALE OR FEMALE.
SOMETIMES THOSE THINGS WILL
MATCH.
FOR EXAMPLE, MY GENDER IDENTITY
IS FEMALE, AND I, FOR EXAMPLE,
AM WEARING A DRESS.
I'M WEARING MAKEUP.
THAT'S A SITUATION
IDENTITY, WHICH IS FEMALE,
MATCHES GENDER EXPRESSION, WHICH
ARE CHARACTERISTICS WE ASSOCIATE
WITH BEING FEMALE.
HOWEVER, THERE ARE SITUATIONS
WHERE THOSE CAN BE DIFFERENT.
GENDER IDENTITY COULD BE FEMALE,
BUT, FOR E
STORIES OF DISCRIMINATION THAT I
SHARED WITH YOU EARLIER, THE
SITUATION OF THE LESBIAN COUPLE
IN MODESTO.
ONE OF THE WOMEN, YOU KNOW, HER
GENDER IDENTITY WAS FEMALE, BUT
HER E
CLOTHES, HER HAIR IN A WAY AND
SHE SORT OF ACTED IN A MANNER
THAT IS CULTURAL AND
TRADITIONALLY ASSOCIATED WITH
MALENESS.
AND SO THAT'S A SITUATION WHERE
THERE IS SORT OF AN INCONGRUENCE
BETWEEN GENDER IDENTITY OR
GENDER
THERE IS CERTAINLY NO RULE
ACROSS THE BOARD, PEOPLE'S
GENDER IDENTITY, AND THEIR
GENDER EXPRESSION SOMETIMES
CORRESPOND.
SOMETIMES THEY DON'T.
AND EXACTLY LIKE KEN SAID, SOME
LOCAL AND STATE LAWS EXPRESSLY
GENDER IDENTITY AND GENDER
EXPRESSION.
SOME DO IT SIMPLY ON GENDER
IDENTITY.
WHAT'S INTERESTING ABOUT THAT,
IT CAN BE ACTUAL OR PERCEIVED
GENDER IDENTITY.
PERCEIVED GENDER IDENTITY IS
CERTAINLY NOT THE
BUT PRACTICALLY SPEAK, IT WINDS
UP GETTING TREATED A LOT --
PERCEIVED JENDER IDENTITY WINDS
UP GETTING TREATED A LOT LIKE
GENDER EXPRESSION, BECAUSE THE
ONLY WAY A PERSON CAN PERCEIVE
SOMEONE ELSE'S GENDER IDENTITY
IS BY THEIR GENDER E
SO THEY ARE DEFINITELY RELATED
CONCEPTS, BUT THEY ARE DISTINCT.
>> THANK YOU, MAYA.
WE HAVE ANOTHER E-MAIL QUESTION,
AND THAT IS, DO GENDER IDENTITY
PROTECTIONS INCLUDE PEOPLE WHO
ARE INTERSEX?
I THINK I WILL ASK MAYA TO
DEFINE INT
AHEAD AND TAKE A STAB INITIALLY
AT THAT QUESTION, AND ALSO
INVITE KATHY TO ANSWER, AS WELL,
IF SHE WANTS TO ADD ANYTHING,
BUT I THINK FROM KATHY'S
PRESENTATION, I THINK IT'S CLEAR
THAT REGARDLESS OF WHETHER
SOMEBODY
OR TRANSGENDER MALE OR FEMALE OR
INTERSEX OR GAY, LESBIAN OR
BISEXUAL, IF THEY'RE
EXPERIENCING DISCRIMINATION
BECAUSE OF NONCONFORMITY WITH
GENDER STEREOTYPES, THEN THEIR
COVERED UNDER THE FAIR HOUSING
ACT.
MIE, A DO YOU WANT TO SORT OF
TALK ABOUT WHAT INTERSEX IS?
>> SURE.
I CAN GIVE SORT OF AN --
INTERSEX IS ANOTHER -- IT TENDS
TO BE USED AS AN UMBRELLA TERM
TO REFER
WHO WERE BORN WITH GENITALIA
THAT IS NOT -- I MEAN, THAT
ESSENTIALLY IS ATYPICAL, THAT'S
NOT EASILY IDENTIFIED AS EITHER
MALE OR FEMALE.
AND SO THAT'S -- IT'S SORT OF A
BROAD CLASS OF PEOPLE.
I HESITATE TO GET ANY MORE
SPECIFIC THAN THAT SIMPLY
BECAUSE IT IS -- IT REFERS TO SO
MANY DIFFERENT PEOPLE.
I DON'T WANT TO GIVE THE
IMPRESSION THAT THERE IS SORT
A SINGLE INTERSEX EXPERIENCE OR
ANYTHING LIKE THAT.
THAT'S SIMPLY NOT TRUE.
SOME INTERSEX PEOPLE ARE SORT OF
OUT ABOUT THE FACT.
SOME ARE NOT.
WITHIN THE INTERSEX COMMUNITY,
GENDER IDENTITIES AND ***
ORIENTATIONS THAT PEOPLE
EMBRACE.
IT'S A VERY BROAD UMBRELLA TERM
TO USE TO REFER TO BASICALLY
ANYONE WHO IS BORN WITH ATYPICAL
GENITALIA, I THIN
WAY TO PUT IT.
>> THANK YOU, MAYA.
WE HAVE ANOTHER E-MAIL QUESTION,
AND THAT IS, WHAT IS THE
DEPARTMENT OF JUSTICE'S POSITION
ON GENDER NONCONFORMITY AND SEX
DISCRIMINATION?
KATHY.
>> WE CAN'T REALLY SPEAK
DEPARTMENT OF THE JUSTICE, BUT I
CAN REFER YOU TO A BRIEF THAT
THE CIVIL RIGHTS DIVISION FILED
RECENTLY IN AN EDUCATION CASE.
THE NAME OF THE CASE IS PRATT
VERSUS INDIAN RIVER CENTRAL
SCHOOL DISTRICT, AND YOU CAN GET
THIS BRIEF ON THEIR WEBSITE.
I REALLY RECOMMEND READING IT.
AGAINST A STUDENT IN SCHOOL
WHERE HE WAS BASICALLY HARASSED
BY OTHER STUDENTS BECAUSE HE
DIDN'T CONFORM TO MALE SEX
STEREOTYPES, AND IT'S -- REALLY
I THINK IT WOULD
ADDITIONAL EDUCATION FOR PEOPLE
TO READ THIS BRIEF AFTER HAVING
THE TRAINING TODAY.
YOU CAN GET IT RIGHT ON THEIR
WEBSITE.
>> HELLO.
FORT WORTH, TEXAS, I THINK WE
HAVE A QUESTION FROM FORT WORTH,
TEXAS.
>> YES.
CAN YOU HEAR ME?
>> YES.
>> WHAT IF YOU HAVE A TENANT
ASSOCIATION
IF YOU HAVE ATTENDED A
ASSOCIATION MEETING.
>> THE QUESTION IS WHETHER YOU
HAVE A TENANT ASSOCIATION
MEETING?
>> CORRECT.
>> AND THE
PERSON -- CORRECT.
AND THE INDIVIDUAL DECIDES TO GO
INTO A REST ROOM WHERE THE
OPPOSITE
IDENTIFIES IS VISITING AND THEN
CAUSES A COMMOTION?
HOW DO YOU HANDLE THIS?
>> THANK YOU FOR THE QUESTION
FROM FORT WORTH.
LET ME MAYBE JUST RECAP THAT
INTO A COMMON USE BATHROOM, A
TRANSGENDER PERSON GOES INTO A
COMMON USE BATHROOM IN THE
APARTMENT COMPLEX AND THAT
CAUSES COMMOTION, WHAT IS A
HELPFUL WAY TO SORT OF DEAL WITH
MIGHT CAUSE?
MAYA, IS THAT SOMETHING YOU
MIGHT WANT TO --.
>> SURE.
I CAN SPEAK TO THIS.
I'M NOT SURE IF EITHER OF UP
WANT TO JUMP IN.
MY ADVICE IN THAT
YOU REMIND PEOPLE THERE ARE
BEING IMPLICATED AND YOU ALLOW
THE PEOPLE TO USE THE BATHROOMS
THAT CORRESPOND WITH THEIR
GENDER IDENTITY.
I WOULD SAY IF YOU STILL HAVE
TENANTS WHO ARE THAT
UNCOMFORTABLE, MY ADVICE WOULD
BE TO GO TO THOSE TENANTS AND
TOWK TO THEM ABOUT SORT OF A
TO USE A DIFFERENT REST ROOM IN
THE COMPLEX OR SOMETHING LIKE
THAT.
BUT I THINK THAT IT'S REALLY
IMPORTANT THAT YOU GIVE THE
IMPRESSION THAT -- MAKE SURE
THAT THE OWN US -- ONEROUS IS
NOT FALLING TO
PERSON IF PEOPLE ARE STILL
MAKING THIS THAT BIG OF AN
ISSUE.
I WOULD ADVISE YOU TO TALK TO
THE TENANTS THAT ARE STILL
HAVING A PROBLEM WITH IT, TRYING
TRIAND GET TO THE ROOT OF THE
PROBLEM AND SEE IF YOU CAN WORK
SOMETHING OUT.
BUT HONESTLY, I THINK GENERALLY
SPEAKING, A LITTLE EDUCATION AND
JUST REMINDING PEOPLE THAT T
ISN'T THAT BIG OF A DEAL,
EVERYBODY REMEMBERS IT'S NOT
THAT BIG OF A DEAL.
>> THANK YOU, MIE, A -- MAYA,
FOR THAT PRACTICAL INFORMATION.
WE HAVE A QUESTION COMING UP,
AND I BELIEVE IT'S AN E-MAIL
QUESTION.
AND IF YOU HAVE QUESTIONS, WE'RE
WAITING FOR THE E-MAIL QUESTION
TO COME IN AND POP UP HERE SO WE
CAN READ IT, BUT IF YOU DO HAVE
QUESTIONS, FEEL FREE TO CONTACT
US VIA E-MAIL AT HUD TV AT HUD
DOT GOV OR CALL US
(202)708-6073.
AND ALSO IF YOU WOULD LIKE
COPIES OF OUR POWER POINT SLIDE
THAT WE USED FOR THIS TRAINING,
THAT IS POSTED ON THE HUD DOT
GOV WEBSIT
THE WEB CAST TRAINING.
OUR E-MAIL QUESTION IS, HAS
THERE BEEN ANY DISCUSSION ABOUT
THE INTERSECTION BETWEEN MARITAL
STATUS AND DISCRIMINATION BASED
ON NONCONFORMING SEX BEHAVIOR OR
FOR THOSE WHO RECEIVE FEDERAL
FUNDS?
KATHY, DO YOU HAVE ANY THOUGHTS
ON THAT?
>> I'M NOT SURE I UNDERSTAND THE
QUESTION.
>> COULD YOU PUT THAT QUEST
>> A LOT OF STATES AND COUNTY
LAWS INCLUDING DISCRIMINATION ON
*** ACTIVITY AND GENDER
PROHIBITED, BUT I'M FINDING IT'S
LIMITED TO 15 DIFFERENT STATES,
AND I WAS WONDERING IF IT'S JUST
THOSE THAT ARE INCLUDED THAT BAN
*** ORIENTATION, HOUSING
DISCRIMINATION.
>> SO THE CALLER'S QUESTION, I
BELIEVE YOU'RE REFERRING TO THE
LIST ON OUR WEBSITE.
>> THAT IS CORRECT.
>> ON OUR WEBSITE, WE HAVE
LISTED, AT LEAST BASED ON OUR
KNOWLEDGE, THE STATES -- WE
HAVEN'T LISTED LOCALITIES, BUT
WE HAVE LISTED STATES THAT
INCLUDE
AND/OR GENDER IDENTITY AS
PROTECTED CLASSES.
>> THAT IS CORRECT, AND I'M
CALLING YOU FROM A STATE THAT
HAS BOTH.
IN OTHER WORDS, THERE IS AN X IN
FRONT OF BOTH, WASHINGTON STATE,
BAN *** ORIENTATION, HOUSING
DISCRIMINATION AND BANS GENDER
IDENTITY EXPRESSION HOUSING
DISCRIMINATION.
>> YES.
>> BUT I LIVE IN A STATE, IN A
PART OF THAT STATE WHERE THE
HOUSING AUTHORITY ITSELF DOES
NOT EACH
THAT THERE IS A BAN ON BOTH OF
THOSE, SO I WAS JUST WONDERING
WHAT KIND OF ADDITIONAL TRAINING
DO THESE HOUSING AUTHORITIES ARE
GETTING.
>> THAT'S A GREAT QUESTION.
SOMETHING I WOULD RECOMM
LIKE YOU ARE BEING DISCRIMINATED
AGAINST OR YOU KNOW SOMEBODY WHO
DOES, I RECOMMEND THAT YOU
CONTACT THE WASHINGTON STATE
HUMAN RIGHTS COMMISSION.
THAT'S THE STATE AGENCY IN
WASHINGTON THAT ENFORCES THE
PROHIBITS *** ORIENTATION AND
GENDER IDENTITY DISCRIMINATION,
AND THEY MAY BE ABLE TO HELP OUT
AND ASSIST WITH TRAINING OF
HOUSING AUTHORITY STAFF ON THESE
ISSUES, AS
AND ALSO THIS TRAINING WILL BE
ARCHIVED ON THE HUD WEBSITE.
SO YOU MIGHT WANT TO SHARE A
LINK TO THIS TRAINING WITH FOLKS
IN YOUR COMMUNITY.
>> THAT'S VERY HELPFU
DISCLAIMER AT THE END OF THE HUD
NOTIFICATION WHERE IT SAYS HUD
DOES NOT WARRANT THIS LIST AS
CURRENT OR COMPREHENSIVE.
LIST THAT YOU KNOW OF THAT HAVE
OCCURRED SINCE, SAY, JUNE OR
JULY OF THIS YEAR?
LIKE, ARE THERE MORE STATES NOW
WITH BOTH, BANNING ***
ORIENTATION, HOUSING
GENDER IDENTITY EXPRESSION IN
HOUSING DISCRIMINATION?
>> I DON'T KNOW THE ANSWER TO
THAT QUESTION OF THE I'M NOT
SURE.
I DOUBT.
IT WHEN WE POSTED THAT ON OUR
OF OUR KNOWLEDGE WHAT STATES
INCLUDED THOSE PROTECTED CLASS,
BUT REGARDLESS OF WHERE YOU'RE
AT IN THE STATE OF WASHINGTON,
IF YOUR STATE FAIR HOUSING LAW
INCLUDES THOSE PROTECTED
CLASSES, THEN YOU WOULD BE
COVERED.
>> I FIND THIS VERY HELPFUL AS
I'M ACTUALLY AN ADVOCATE FOR
HOMELESS, AND WHEN I AM SPEAKING
TO A TRANS PERSON IN THEIR
RESPECTED STATE, I LIKE TO REFER
TO
HELPFUL IN TERMS OF WHO TO
CONTACT WHEN A TENANT OR SOMEONE
BELIEVES THAT THEY HAVE BEEN
DISCRIMINATED AGAINST.
FOR EXAMPLE, I CAN SEE
CALI
CALIFORNIA DEPARTMENT OF FAIR
HOUSING -- OR FAIR EMPLOYMENT
AND HOUSING, AND IT GIVES A
NUMBER WITH THE ENFORCEMENT
AGENCY THAT WOULD HANDLE THAT.
SO I FIND THAT LIST EXTREMELY
HELPFUL, AND IT'S VERY
DOING AN EXCELLENT JOB.
I JUST WANTED TO PASS THAT
ALONG.
>> THANK YOU FOR THE CALL.
WE APPRECIATE THE FEEDBACK.
>> KEN, MIGHT THERE BE OTHER
STATES AND LOCALITIES THAT HAVE
THOSE PROTECTIONS THAT AREN'T ON
THE LIST BECAUSE THEY'RE NOT
SUBSTANTIALLY EQUIVALENT?
>> NO.
THAT LIST ACTUALLY INCLUDES
STATES THAT BOTH PARTICIPATE AND
THAT DON'T.
SO YES.
AND I KNOW, JUST BACK TO THAT
CALLER, I FAILED TO MENTION THAT
MAYA'S ORGANIZATION MAY ALSO BE
A RESOURCE TO FOLKS THROUGHOUT
THE COUNTRY WHO BELIEVE THAT
THEIR COMMUNITY MIGHT NEED SOME
ASSISTANCE IN TERMS OF
COMPLIANCE WITH LAWS THAT
PROHIBIT HOUSING DISCRIMINATION
BASED ON *** ORIENTATION AND
GENDER IDENTITY.
>> YES, ABSOLUTELY.
FEEL FREE TO -- IF YO
WEBSITE WWW DOT NCLRIGHTS DOT
ORG.
SO NCL RIGHTS DOT ORG, AND GO TO
CONTACT US.
WE HAVE A HOTLINE.
NUMBER.
IF THERE ARE SITUATIONS WHERE
YOU FEEL LIKE YOU ARE BEING
DISCRIMINATED AGAINST AND YOU
WANT TO -- YOU WANT HELP SORT OF
FINDING SOMEONE WHO CAN PROVIDE
LEGAL HELP, THAT'S SOMETHING
THAT OUR HELP LINE CAN DO.
SO FEEL FREE TO
WEBSITE AND GIVE THEM A CALL.
WE CAN DEFINITELY HELP WITH
THAT.
>> WE HAVE ANOTHER E-MAIL
QUESTION, AND THAT QUESTION IS,
CAN WE CONFIRM THAT ALTHOUGH
*** ORIENTATION IS NOT A
DISCRIMINATION COMPLAINT CAN BE
TAKEN BASED ON SEX?
AND I THINK THAT'S AN EASY YES,
RIGHT?
AS WE'VE TALKED ABOUT, THE
FEDERAL FAIR HOUSING ACT
PROHIBITS DISCRIMINATION ON THE
BASIS OF A NUMBER OF PROHIBITED
BASES, INCLUDING SEX, SO TH
TAKE.
AND HERE IS ANOTHER E-MAIL
QUESTION.
IF A COMPLAINANT CALLS HUD AND
ALLEGES *** ORIENTATION AND
GENDER
TRANSFERRED TO A FRAP AGENCY FOR
INVESTIGATION AND THE LOCAL
JURISDICTIONAL, WILL THE FRAP
WILL BE ABLE TO ADD ALLEGATIONS
OF OF *** ORIENTATION TO THE
COMPLAINT?
AND THE ANSWER TO
IS YES.
THE FAP SHOULD ASSESS EVERY
COMPLAINT THAT IT GETS FOR
JURISDICTION BOTH UNDER THE
FEDERAL FAIR HOUSING ACT AS WELL
AS ITS OWN STATE OR LOCAL
SO IF HUD GETS A COMPLAINT THAT
WE DETERMINE WE HAVE
JURISDICTION IN AND IT'S A
COMPLAINT ALLEGING
DISCRIMINATION BECAUSE OF
NONCONFORMITY WITH GENDER
STEREOTYPES, AND WE REFER IT TO
A FAP AGENCY, A
DETERMINES THERE IS COVERAGE
UNDER STATE OR LOCAL LAW BASED
ON *** ORIENTATION OR GENDER
IDENTITY, I WOULD ENCOURAGE THAT
FAP TO FILE IT UNDER BOTH.
KATHY, IS THERE ANYTHING YOU
WANT TO TALK ABOUT?
>> I WOULD AGREE WITH
>> MAYA?
>> NO.
>> OKAY.
I THINK WE HAVE ONE MORE E-MAIL
QUESTION COMING UP.
AGAIN, IF YOU HAVE QUESTIONS,
FEEL FREE TO E-MAIL US AT HUD TV
AT HUD DOT
THE QUESTION, WE HAVE ANOTHER
E-MAIL QUESTION, AND THAT IS, IF
WE HAD *** ORIENTATION AND
GENDER IDENTITY TO THE FHA, IT
SEEMS WE MUST ALSO ADD MARITAL
STATUS.
KATHY, DO YOU WANT TO TAKE THAT
>> TALK TO YOUR CONGRESSMAN.
>> THERE ARE ADVOCATES WHO
BELIEVE THAT THERE ARE
ADDITIONAL PROHIBITED BASES THAT
SHOULD BE ADDED TO THE FAIR
HOUSING ACT.
***
IDENTITY, MARITAL STATUS, SOURCE
OF INCOME.
THOSE ARE SOME THAT THEY HAVE
BEEN LOBBYING CONGRESS TO ADD TO
THE FAIR HOUSING ACT.
WE HAVE NO MORE QUESTIONS AT
THIS TIME.
AND THAT IS
WE REALLY APPRECIATE YOU VIEWING
THIS AND PARTICIPATING, AND
AGAIN, CALL US IF YOU HAVE ANY
QUESTIONS.
YOU CAN DOWNLOAD OUR POWER POINT
SLIDES AT WWW DOT HUD DOT GOV ON
THIS TRAINING, AND THE VERY LAST
SLIDE HAS OUR CONTACT
INFORMATION.