In case you missed this important housing news back in October, the Obama Administration released a statement assuring the LGBT community inclusion in HUD programs ( Full Press Release Here ). But there appears to be a gaping hole in the proposed administrative rule.

HUD Secretary Shaun Donovan announced “The evidence is clear that some are denied the opportunity to make housing choices in our nation based on who they are and that must end. President Obama and I are determined that a qualified individual and family will not be denied housing choice based on sexual orientation or gender identity.”

The administration intends to achieve this goal in three ways:
1) Through the promulgation of a rule that clarifies the term “family” in HUD’s public housing and Housing Choice Voucher programs to include otherwise eligible LGBT individuals and couples.
2) Require grantees and those who participate in the Department’s programs to comply with local and state non-discrimination laws that cover sexual orientation or gender identity
3) Specify that any FHA-insured mortgage loan must be based on the credit-worthiness of a borrower and not on unrelated factors or characteristics such as sexual orientation or gender identity.

HUD also promised to commission the first-ever national study of housing discrimination against members of the LGBT community.

As evidence that this is an issue of national concern, Michigan in 2007 issued a report finding that nearly 30 percent of same-sex couples were treated differently when seeking housing ( Michigan’s full report here ).

What the proposal does not do is change the Fair Housing Act. Se

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