LGBTQ Homebuyers: Understand Your Rights

Important insights

  • Nearly half of LGBTQ homeowners are afraid of buying real estate.
  • The Fair Housing Act forbids discrimination against a number of protected groups, including gender, sex identity, and sexual preference.
  • A tenant refusing to book to a same-sex couple, or a real estate agent showing that handful listings just exist in certain districts are some examples of housing prejudice.
  • If you believe you’ve been discriminated against by anyone in the real estate industry, including a loan provider or broker, you have choices.

For a variety of reasons, the Fair Housing Act (FHA) forbids discrimination against people. Among them: an adult’s gender, gender identity and sexual preference.

Gay consumers should be aware of both state laws and their right under the FHA. Here’s an design of them.

LGBTQ homebuyer figures

In 2015, there were 4% more home buyers and sellers who identified as gay, homosexual, or bisexual. In its yearly” Profile of Home Buyers and Sellers” report, NAR second inquired about sexual orientation in that year. NAR added gender and gender identification issues in 2019. In its 2023″ Profile”, five percentage of those surveyed identify as gay, gay or lesbian, and another one percent prefer to home- describe.

What’s more:

  • LGBTQ consumers spent a percentile $245,000 when buying house, according to”
  • Eighty-one percentage of LGBTQ buyers purchased a solitary-family home, according to NAR, while 48 pct bought a home in the suburbs or a subdivision.
  • According to NAR, 83 percentage of LGBTQ consumers purchased homes with fixed-rate mortgages and the majority of them borrowed money.
  • According to the (NAGLREP), 46% of LGBT renters fear discrimination during the homebuying process. Thirteen cent did encounter prejudice.
  • According to an Iowa State University 2019 analysis of loan data from 1990 to 2015, the mortgage loan rates for same-sex couples were 3% to 8% lower than those for heterosexual couples. The same study found that identical-sexual people even paid more for funding: as much as $86 million more per month, collectively.
  • The LGBTQ homeownership rate stands at 49 percent, according to NAGLREP. The as of Q4 2023: 66.7 percent.

How to recognize housing discrimination

Home Equity

Key insights

Housing discrimination is the act of treating or acting differently towards residential buyers or renters or homeowners solely because of physical or biological features, including their race, color, religion, national origin, sex, family status or disability. It became prohibited as a result of the Fair Housing Act (also known as the Civil Rights Act of 1968). Simply put, discrimination is prejudicial treatment or behavior. Housing discrimination can be demonstrated by refusing to extend a mortgage or charge more for one, restraining from selling or renting a home, or evicting someone for no reason other than the above.

While the works to enforce the Fair Housing Act and address cases of discrimination, it’s up to homebuyers and renters to call out unfair practices. There are a number of obvious indicators of discrimination to look out for:

  • A who isn’t upfront about
  • A real estate broker who won’t go on to represent you
  • A seller, a decliner, a person who has just announced the house is off the market, or someone who has refused to take your bid into consideration.
  • When compared to heterosexual couples, if you and your partner have to work harder to obtain funding or pay more for it, you may be able to.
  • If you are turned away from certain rental properties, even when there’s a vacancy

How to protect yourself from housing discrimination

Working with an LGBTQ-friendly real estate agent is one way to protect yourself from housing discrimination. You can find these agents through NAGLREP, or get recommendations from family and friends for the best agents in your area.

Shop around for someone who you can be certain wo n’t treat you unfairly in addition to finding an agent. You can get assistance from them.

What to do if you experience housing discrimination

If you believe you’ve been the victim of housing discrimination, there are several ways you can take action:

  • Speak with an attorney
  • File a complaint with HUD or call 800- 669- 9777 (or 800-877-8339 for hearing impaired)
  • Contact the Consumer Financial Protection Bureau to file a complaint.
  • Call the
  • Contact your local
  • Contact your state’s NAGLREP chapter, if one exists

Housing discrimination laws and resources

For those who are discriminated against based on sexual orientation and gender identity, there are currently housing protection laws in place in 22 states and Washington, D.C. One state, Wisconsin, forbids discrimination based solely on sexual orientation.

The Supreme Court made a significant decision in 2020 that included gender identity and sexual orientation as well as protected classes. According to the Court, prejudice and discriminatory behavior toward transgender and LGBTQ+ people violate Title VII of the Civil Rights Act of 1964 and qualifies as discrimination.

Based on one of the cases involved in the decision, Bostock v. Clayton County, Georgia, several states have adopted what is known as the Bostock rationale into their own state laws, including:

  • Arizona
  • Florida
  • Kansas
  • Nebraska
  • North Dakota
  • Pennsylvania
  • Texas

The proposed amendment to the current civil rights law to prohibit discrimination on the grounds of sexual orientation, sex, and gender identity in credit and housing is being supported in the long run by advocates and supporters of the LGBTQ community. The bill was reintroduced in the House of Representatives in June 2023 but, as of this writing, not yet the Senate.

Frequently asked questions

  • Who is not a subject of the Fair Housing Act’s protections?

    The is relatively wide-ranging, but it doesn’t apply in some circumstances, including transactions or leases involving for sale or for rent by owner properties and some owner-occupied buildings. As a reminder, the law prohibits housing discrimination on the basis of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status and disability.
  • Who is responsible for upholding the Fair Housing Act?

    Through its Office of Fair Housing and Equal Opportunity (FHEO), the U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act.