Bipartisan Bill Introduced to Extend Fair Housing Act Protections to LGBTQ+ People

By Kayla Blackwell, NLIHC Housing Policy Analyst and Kayla Springer, NLIHC Policy Intern 

On June 3, Representatives Brad Schneider (D-IL) and Brian Fitzpatrick (R-PA) introduced the “Fair and Equal Housing Act of 2025 (H.R. 3696)" to extend protections against housing discrimination to include “sexual orientation” and “gender identity” as protected characteristics under the “Fair Housing Act.” Passed in 1968, the “Fair Housing Act” prohibits discrimination in the sale, rental, and financing of housing based on protected characteristics, including race, color, religion, national origin, sex, familial status, and disability. Currently, there is no federal law that consistently protects LGBTQ+ individuals from housing discrimination. As of 2023, only 23 states, one territory, and the District of Columbia explicitly prohibited housing discrimination based on both sexual orientation and gender identity.  

The bill’s introduction comes as HUD has taken significant steps to prohibit LGBTQ+ people from accessing vital emergency shelter services. In February, HUD Secretary Scott Turner announced HUD will stop enforcing the 2016 Equal Access Rule, which requires housing, facilities, and services funded through HUD’s Office of Community Planning and Development (CPD) to ensure equal access to programs for individuals based on their gender identity, sexual orientation, or marital status without intrusive questioning or being asked to provide documentation (see Memo, 2/10). More recently, HUD has proposed to rescind Affirmative Fair Housing Marketing regulations, which include requirements for housing insured by the Federal Housing Administration (FHA) to be marketed to all potentially eligible households, especially those least likely to apply for assistance and without regard for the “Fair Housing Act” protected classes (see Memo, 6/9). While HUD asserts that failing to provide outreach to minority groups is not “discrimination,” the Affirmative Fair Housing Marketing regulations call for punishing noncompliance with denial of further participation in HUD programs. Each of these actions creates a more unfair housing environment, which increases housing instability and rates of homelessness. 

The “Fair and Equal Housing Act of 2025” is bipartisan, with nine original cosponsors, including Representatives Brian Fitzpatrick (R-PA), Sharice Davids (D-KS), William Keating (D-MA), Paul Tonko (D-NY), Mike Quigley (D-IL), Janice Schakowsky (D-IL), Mary Scanlon (D-PA), Juan Vargas (D-CA), and Pramila Jayapal (D-WA). 

Read the bill text and view additional cosponsors here.  

Read more about the LGBTQ+ Housing and Shelter Access in NLIHC’s 2025 Advocate’s Guide, Chapter 6: “Shelter Access for Transgender People Experiencing Homelessness” here.