While 28 States Provide No Non-Discrimination Housing Laws To Protect LGBT Members, GayRealEstate.com Is Dedicated to Matching Members of the LGBTQ Community With Gay, Lesbian and Gay Friendly Realtors Offering Free Buyers Representation.
While there are no federal laws which specifically address housing discrimination against LGBT individuals, GayRealEstate.com, a service connecting clients with compatible agents, remains committed to the mission of finding safe, welcoming homes for LGBT individuals
In United States housing law, only 21 states prohibit discrimination based on sexual orientation and gender identity and one additional state prohibits discrimination based on sexual orientation only, leaving 28 states with no protection against housing discrimination based on sexual orientation and/or gender identity, according to the Human Rights Campaign.
California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont and Washington prohibit discrimination based on sexual orientation and gender identity, according to the Human Rights Campaign. Wisconsin prohibits discrimination based on sexual orientation only. The remaining states have no explicit laws which protect housing discrimination against LGBT individuals.
Some cities within the states without legal protections in housing have provided legal protections. Here’s a look at the Top 50 Cities across America:
- New York, NY: New York City is subject to not only the New York State Human Rights Law but also the New York City State Human Rights Law; both prohibit housing and lending discrimination based on several protected characteristics. Included in these protected characteristics are sexual orientation and/or gender identity, passed in 2002 and 2015 respectively. New York also has dedicated resources for service/support to LGBTQ youth, homeless, and elders, people living with HIV/AIDS, and the transgender community.
- Los Angeles, CA: Los Angeles is subject to California State law which passed legislation that prohibits housing discrimination based on sexual orientation in 1999 and/or gender identity in 2004. The City of Los Angeles is also strongly committed to affordable housing that is nondiscriminatory, fully accessible, and in full compliance with fair housing and disability rights laws.
- Chicago, IL: In 2005, Illinois passed legislation protecting LGBTQ individuals from discrimination against sexual orientation and/or gender identity. The City of Chicago has enacted two powerful anti-discrimination ordinances. The Chicago Human Rights Ordinance prohibits discrimination in public accommodations, credit transactions, employment, and bonding. The Chicago Fair Housing Ordinance prohibits housing discrimination. Both ordinances prohibit discrimination based on sexual orientation and/or gender identity.
- Houston, TX: Unfortunately, Texas State does not have anti-discrimination legislation that includes sexual orientation or gender identity but there are six cities, not including Houston, in Texas than have their own local ordinances prohibiting discrimination based on sexual orientation and/or gender identity for housing, public accommodations, and employment. Those cities include Austin, Dallas, El Paso, Fort Worth, Plano, and San Antonio, which account for 12% of the Texas population. Houston does have resources dedicated to service/support to LGBTQ youth, homeless, and elders, and people living with HIV/AIDS.
- Philadelphia, PA: Philadelphia is one out of 50 cities in Pennsylvania that have passed local ordinances prohibiting discrimination based on sexual orientation and/or gender identity for housing, public accommodations, and employment whereas Pennsylvania State has not. There are an additional two counties in Pennsylvania that have passed anti-discrimination ordinances including sexual orientation and/or gender identity. The 50 cities and two counties account for 33% of the Pennsylvania population.
- Phoenix, AZ: Arizona State does not have any LGBTQ protection ordinances but there are five cities that have local legislation protecting against discrimination for housing, public accommodations, or employment based on sexual orientation and/or gender identity. Those five cities include Flagstaff, Phoenix, Sedona, Tempe, and Tucson. These five cities account for 35% of the Arizona population. Phoenix also has resources dedicated to service/support to LGBTQ youth, homeless, and elders, and people living with HIV/AIDS.
- San Antonio, TX: Although Texas State does not have anti-discrimination legislation that includes sexual orientation or gender identity, San Antonio is one of six cities that have their own ordinance that prohibits discrimination based on sexual orientation and/or gender identity in housing and public accommodations. This does not include employment. San Antonio also has programs that support/service LGBTQ youth and homeless, people living with HIV/AIDS, and the transgender community. The other cities with local ordinances include Austin, Dallas, El Paso, Fort Worth, and Plano. These six cities account for 12% of Texas’ population.
- San Diego, CA: San Diego is subject to California State law which passed legislation in 1999 that prohibits discrimination based on sexual orientation and in 2004 for gender identity. The City of San Diego, specifically, is committed to furthering fair housing efforts by continuing to address discrimination in their community and supporting education programs regarding the right to equal housing opportunities.
- Dallas, TX: Texas State does not have discrimination protection for sexual orientation or gender identity, but Dallas is one of six cities that has their own ordinance that prohibits discrimination based on sexual orientation and/or gender identity in housing, public accommodations, and employment. Dallas also has resources dedicated to services/support for LGBTQ youth and elders and people living with HIV/AIDS. The other cities with local ordinances include Austin, El Paso, Fort Worth, Plano, and San Antonio. These six cities account for 12% of Texas’ population.
- San Jose, CA: San Jose is subject to California State law which passed legislation that prohibits housing discrimination based on sexual orientation and/or gender identity, in 1999 and 2004 respectively. San Jose is one of the more progressive cities in California as the The San Jose City Council banned discrimination based on sexual orientation in 1979; 20 years ahead of the state law for sexual orientation.
- Austin, TX: Although Texas State does not have anti-discrimination legislation that includes sexual orientation or gender identity, Austin is one of six cities that have their own ordinance that prohibits discrimination based on sexual orientation and/or gender identity in housing and public accommodations. This does not include employment. The other cities with local ordinances include Austin, Dallas, El Paso, Fort Worth, San Antonio, and Plano. These six cities account for 12% of Texas’ population.
- Jacksonville, FL: Jacksonville is one out of 25 cities in Florida that have passed local ordinances prohibiting discrimination based on sexual orientation and/or gender identity in housing, public accommodations, and employment; Florida has not passed these ordinances at the state level. There are an additional 11 counties in Florida that have passed anti-discrimination ordinances including sexual orientation and/or gender identity. The 25 cities and 11 counties account for 60% of the Florida’s population.
- San Francisco, CA: At the state level, California has passed legislation protecting LGBTQ individuals from discrimination against sexual orientation, since 1999, and/or gender identity, since 2004. The City of San Francisco also has its own laws governing against discrimination of additional protected classes which include persons with AIDS, transgenderism, and height and/or weight.
- Indianapolis, IN: Indiana has not passed state-level ordinances protecting sexual orientation and/or gender identity, but Indianapolis is one of 15 cities, and three counties, that have passed ordinances at the local level. Indianapolis also has the Indiana Civil Rights Commission for NDO enforcement, non-discrimination against sexual orientation and/or gender identity in city and city contractor employment, and services/support for people living with AIDS/HIV. The 15 cities and three counties account for 32% of the Indiana’s population.
- Columbus, OH: While Ohio has not instated anti-discrimination laws protecting sexual orientation and/or gender identity, Columbus is one of 21 cities in Ohio that has passed protectionist laws at the local level. Columbus ranks as one of the most progressive cities with NDO enforcement by the Columbus Human Rights Commission, a LGBTQ liaison to city executives, an LBGTQ police liaison and/or task force, and openly LGBTQ elected or appointed municipal leaders. The 22 cities with local ordinances account for 22% of Ohio’s population.
- Fort Worth, TX: Fort Worth is one of six cities in Texas that have instated local ordinances that prohibit discrimination against LGBTQ individuals. Texas State does not have these protections. Fort Worth also has resources dedicated to service/support to LGBTQ youth, homeless, and elders, and people living with HIV/AIDS. The other cities with local ordinances in Texas include Austin, Dallas, El Paso, Plano, and San Antonio. These six cities account for 12% of Texas’ population.
- Charlotte, NC: North Carolina is one of the few states that explicitly bans cities and counties from passing nondiscrimination provisions related to housing, public accommodations, and employment with 0% of the state population protected against discrimination for sexual orientation or gender identity related to those categories. Charlotte does have nondiscrimination laws against city and city contractor employment regarding sexual orientation and/or gender identity. They also have NDO enforcement by the Human Relations Commission and they provide services/support to LGBTQ youth and persons with HIV/AIDS.
- Seattle, WA: Since 2006, Washington has protected individuals from discrimination against sexual orientation and/or gender identity regarding housing, public accommodations, and employment. Seattle also has The Gender Justice Project which works to advance policy solutions that promote equality related to all-gender restrooms and guidance on gender identity in the workplace. Their work ensures City of Seattle staff understand how to work with transgender and gender nonconforming individuals.
- Denver, CO: Colorado State passed ordinances in 2008 that ensure 100% of the population is protected from discrimination based on sexual orientation and/or gender identity. These ordinances cover housing and commercial space, employment, public accommodations, private education institutions, and private health and welfare services. The Denver Anti-Discrimination Office (DADO) is one of three municipal offices in Colorado that protects sexual orientation and gender variance.
- El Paso, TX: Texas State does not have anti-discrimination legislation that offers protection based on sexual orientation or gender identity. El Paso is one of six cities that have their own ordinance that prohibits discrimination based on sexual orientation and/or gender identity but only in public accommodations. Their legislation does not currently include housing or employment. The other cities with local ordinances include Austin, Dallas, El Paso, Fort Worth, and Plano.
- Detroit, MI: Detroit is one of 41 Michigan cities that have passed local ordinances prohibiting discrimination based on sexual orientation and/or gender identity in housing, public accommodations, and employment. Michigan does not currently have any statewide protections for these categories. In addition to nondiscrimination laws, Detroit also has NDO enforcement by the Human Rights Commission and provides support/service to people living with HIV/AIDS. The 41 cities that have local ordinances only account for 22% of Michigan’s total population.
- Washington, DC: The District of Columbia amended state legislation in 1977 to cover sexual orientation discrimination for housing, public accommodations, and employment. The legislation was amended again in 2006 to include gender identity. In 2015, the D. C. City Council approved the Human Rights Amendment Act, which protects LGBTQ students from discrimination.
- Boston, MA: Since 1989, Massachusetts state law has protected against discrimination based on sexual orientation. In 2011, nondiscrimination laws were also passed for gender identity and transgender employees of the state government. Boston was also the first U. S. State to grant marriage licenses to same-sex couples, making it one of the most LBGTQ friendly states in the country. Boston also allocated resources to assist with NDO enforcement, LGBTQ homeless and elders, and people living with HIV/AIDS.
- Memphis, TN: Tennessee currently does not have any nondiscrimination protection based on sexual orientation or gender identity for housing, public accommodations, or employment. The state also has laws preventing passage or enforcement of local nondiscrimination laws making it one of the least LGBTQ friendly states. Regardless of the state law, the City of Memphis does do all that they can faced with the state law that restricts their ability to pass LGBTQ-inclusive ordinances including nondiscrimination in city employment, a LGBTQ liaison to city executives, and an LGBTQ task force.
- Nashville, TN: Tennessee currently does not have any nondiscrimination protection based on sexual orientation or gender identity for housing, public accommodations, or employment. The state also has laws preventing passage or enforcement of local nondiscrimination laws making it one of the least LGBTQ friendly states. Nashville is the top inclusive city in Tennessee as it has NDO enforcement by the Human Relations Commission and provides services/support to people living with HIV/AIDS.
- Portland, OR: Portland is subject to Oregon State law which passed legislation that prohibits housing discrimination on the basis of sexual orientation and/or gender identity in 2007. In addition to a Human Rights Commission, Portland also offers services and support to LBGTQ elders, people living with HIV/AIDS, and the transgender community.
- Oklahoma City, OK: Oklahoma State does not currently have any nondiscrimination laws covering sexual orientation or gender identity. In 2016, Oklahoma City passed a protection for housing only based on sexual orientation and/or gender identity. Only 3% of Oklahoma State’s population is protected against sexual orientation and/or gender identity discrimination.
- Las Vegas, NV: Las Vegas is subject to Nevada State law which passed legislation that prohibits housing discrimination based on sexual orientation and/or gender identity in 2011. Although the city does not have a Human Rights Committee, the state has the Nevada Equal Rights Commission. Las Vegas provides services/support to LGBTQ youth, homeless, and elders, people living with HIV/AIDS, and the transgender community. Las Vegas has also elected or appointed openly LGBTQ municipal leaders.
- Baltimore, MD: Anti-discrimination laws in Maryland for sexual orientation were passed in 2001 and gender identity in 2014. The laws cover housing, public accommodations, and employment. Baltimore has NDO enforcement by a Human Relations Committee and provides services/support to LGBTQ youth, homeless, and elders, and people living with HIV/AIDS.
- Louisville, KY: Kentucky does not have any state-level laws prohibiting the discrimination based on sexual orientation or gender identity, but Louisville is one of eight cities in the state that does prohibit sexual orientation and/or gender identity discrimination for housing, public accommodations, and employment. Louisville does not have any additional services, programs or resources dedicated to the LGBTQ community. The 8 cities, and two additional counties, account for 27% of Kentucky’s total population.
- Milwaukee, WI: Passed in 2018, Wisconsin has antidiscrimination laws that offer protection based on sexual orientation for housing, public accommodations, and employment but that does not include gender identity. Only 5 cities, including Milwaukee, and 3 counties in Wisconsin offer local laws that offer protection against gender identity discrimination for housing and employment, which accounts for 22% of the state’s population. There is no gender identity discrimination protection for public accommodations in Milwaukee. Milwaukee also offers NDO enforcement by the Equal Rights Commission and services/support for people living with HIV/AIDS.
- Albuquerque, NM: New Mexico has antidiscrimination laws, passed in 2003, covering sexual orientation and/or gender identity for housing, public accommodations, and employment. Albuquerque specifically has the Albuquerque Human Rights Office for NDO enforcement and provides services/support for people living with HIV/AIDS.
- Tucson, AZ: Tucson is one of five cities that have instated local ordinances that protect against sexual orientation and/or gender identity for housing. Arizona State does not have any LGBTQ anti-discrimination laws. The additional four cities include Flagstaff, Phoenix, Sedona, and Tempe. Those five cities account for 35% of the Arizona population. Tucson also has programs to support LGBTQ youth, homeless, and elders, and people living with HIV/AIDS.
- Fresno, CA: Although Fresno is subject to California State law, which prohibits discrimination against sexual orientation and/or gender identity, the city itself is less progressive than other California cities as it does not have any additional councils or programs to assist with the LGBTQ community, persons living with AIDS/HIV, or transgender individuals. California passed legislation in 1999 to protect against discrimination for sexual orientation and again in 2009 for gender identity discrimination.
- Sacramento, CA: Sacramento is subject to California State law which passed legislation that prohibits housing discrimination based on sexual orientation and/or gender identity. The City of Sacramento also offers services and support to LBGTQ elders and persons living with AIDS/HIV. Sacramento has also elected and/or appointed openly LGBTQ municipal leaders. California passed legislation in 1999 to protect against discrimination for sexual orientation and again in 2009 for gender identity discrimination.
- Kansas City, MO: Although Missouri does not have any antidiscrimination laws related to sexual orientation and/or gender identity, Kansas City is one of 12 Missouri cities that have passed local ordinances prohibiting discrimination against sexual orientation and/or gender identity for housing, public accommodations, and employment. Those 12 cities and 2 additional counties account for 35% of the state’s population. Kansas City also offers services/support to LGBTQ youth, people living with HIV/AIDS, and the transgender community.
- Long Beach, CA: Long Beach is subject to California State law which passed legislation that prohibits housing discrimination based on sexual orientation and/or gender identity. The City of Long Beach also offers services and support to LBGTQ youth and persons living with AIDS/HIV. Additional benefits from Long Beach include NDO enforcement by the Human Relations Commission, transgender-inclusive healthcare benefits, and non-discrimination in city and city contractor employment. California passed legislation in 1999 to protect against discrimination for sexual orientation and again in 2009 for gender identity discrimination.
- Mesa, AZ: Unfortunately, Arizona State does not have any statewide LGBTQ anti-discrimination laws. Arizona does have five cities that have instated local ordinances that protect LGBTQ individuals for housing. The additional four cities include Flagstaff, Phoenix, Sedona, and Tempe. Those four cities account for 35% of the Arizona population. Mesa does not have any additional services, programs or resources dedicated to the LGBTQ community.
- Atlanta, GA: There are no housing, public accommodations, or employment nondiscrimination laws in the state of Georgia covering sexual orientation and/or gender identity. Atlanta, and one other Georgia county, have passed local ordinances that protect against sexual orientation and/or gender identity discrimination for housing, public accommodations, and employment. Atlanta and Macon-Bibb County account for 6% of the total population of Georgia. Atlanta also has a Human Relations Commission to enforce the NDO as well as elected or appointed openly LGBTQ municipal leaders.
- Colorado Springs, CO: Passed in 2008, Colorado State offers statewide protection based on sexual orientation and/or gender identity. While Colorado Springs does not have nearly as many protections or programs as Denver, it is still subject to state nondiscrimination laws.
- Virginia Beach, VA: Unfortunately, Virginia State does not have anti-discrimination legislation that includes sexual orientation or gender identity. There are two cities and one county in Virginia than have their own ordinances prohibiting discrimination based on sexual orientation and one city that prohibits discrimination based on gender identity in employment, housing, and/or public accommodations. The two cities and county are Alexandria, Charlottesville, and Arlington County, which account for 3% of the total Virginia population.
- Raleigh, NC: North Carolina is one of the few states that explicitly bans cities and counties from passing nondiscrimination provisions related to housing, public accommodations, and employment with 0% of the state population protected against discrimination for sexual orientation or gender identity related to those categories. Charlotte does have nondiscrimination laws against city and city contractor employment regarding sexual orientation and/or gender identity. They also have the NC Human Relations Commission and they provide services/support to LGBTQ elders and persons with HIV/AIDS.
- Omaha, NE: Although Nebraska does not have any antidiscrimination laws related to sexual orientation or gender identity, Omaha is the only Nebraska city that has passed local ordinances prohibiting discrimination against sexual orientation and/or gender identity for public accommodations and employment. There are no regulations against housing discrimination for sexual orientation and/or gender identity at the state or local level. Omaha accounts for 22% of the total population in Nebraska.
- Miami, FL: Miami is one out of 25 cities in Florida that have passed local ordinances prohibiting discrimination based on sexual orientation and/or gender identity in housing, public accommodations, and employment; Florida has not passed these ordinances at the state level. There are an additional 11 counties in Florida, including Miami-Dade County, that have passed anti-discrimination ordinances including sexual orientation and/or gender identity. The 25 cities and 11 counties account for 60% of the Florida’s population.
- Oakland, CA: At the state level, California has passed legislation protecting LGBTQ individuals from discrimination against sexual orientation in 1999 and/or gender identity in 2004. The City of Oakland also offers services and support to persons living with AIDS/HIV. Oakland also has anti-discrimination policies based on sexual orientation and/or gender identity in city employment and non-discrimination ordinances against sexual orientation, but not gender identity, for city contractors.
- Minneapolis, MN: In 2003, Minnesota passed legislation protecting LGBTQ individuals from discrimination against sexual orientation and/or gender identity for housing, public accommodations, and employment. The City of Minneapolis also the Commission on Civil Rights for NDO enforcement, a LGBTQ liaison to city executives, and an LGBTQ police liaison/task force.
- Tulsa, OK: Oklahoma State does not currently have any nondiscrimination laws covering sexual orientation or gender identity. The City of Tulsa has passed a protection for housing only based on sexual orientation and/or gender identity. Only 3% of Oklahoma State’s population is protected against sexual orientation and/or gender identity discrimination for housing, public accommodations, and employment.
- Wichita, KS: At a state level, Kansas does not have any antidiscrimination ordinances based on sexual orientation or gender identity. Kansas has three cities and one county, not including Wichita, that have passed local laws preventing discrimination against sexual orientation and/or gender identity for housing, public accommodations, and employment, which account for 11% of the total Kansas population.
- New Orleans, LA: While Louisiana does not have any nondiscrimination ordinances covering sexual orientation or gender identity, New Orleans is one of two cities that have instated local laws for housing, public accommodations, and employment against sexual orientation and/or gender identity discrimination. New Orleans and Shreveport make up 12% of the total population of Louisiana.
- Arlington, TX: Unfortunately, Texas State does not have anti-discrimination legislation that includes sexual orientation or gender identity but there are six cities in Texas than have their own ordinances prohibiting discrimination based on sexual orientation and/or gender identity in employment, housing, and/or public accommodations. Those cities include Austin, Dallas, El Paso, Fort Worth, Plano, and San Antonio, which account for 12% of the Texas population.
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