Know Your Rights As An LGBTQ+ Homebuyer

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If you’re an LGBTQ+ homebuyer, you may be unsure of your current legal status. Recent federal policy changes have eroded some equal housing protections for LGBTQ+ Americans, leaving the most stringent laws at the state level.

Meanwhile, LGBTQ+ people are still less likely to own homes than straight, cisgendered people. The homeownership rate among people who identify as LGBTQ+ is only 51 percent, while it’s 71 percent for people who identify as straight and cisgender, according to a 2024 analysis by the Urban Institute.

Here’s what you need to know about LGBTQ+ homebuyer rights in 2025.

What rights do LGBTQ+ homebuyers have?

The Fair Housing Act prohibits discrimination based on sex — among other protected characteristics — when someone is buying a home, applying for a home loan or housing assistance, or taking part in other activities that relate to housing.

Subsequent decisions by the Department of Housing and Urban Development (HUD), the agency that administers the Fair Housing Act, extended its protections to those facing discrimination based on sexual orientation and gender identity. However, these protections aren’t specifically set out in the law, and recently, HUD Secretary Scott Turner announced that HUD would roll them back in some scenarios.

This means that, in many cases, LGBTQ+ homebuyers must rely on state law when making discrimination claims. Currently, 22 states, Washington D.C. and the U.S. Virgin Islands have laws against housing discrimination based on sexual orientation and gender identity. Wisconsin and Iowa ban discrimination based only on sexual orientation.

How to recognize housing discrimination

While the HUD enforces the Fair Housing Act, and state-based agencies enforce state housing laws, it’s up to homebuyers to call out unfair practices. Watch out for these clear signs of discrimination:

• A mortgage lender who isn’t upfront about mortgage rates
• A real estate agent who refuses to represent you
• A seller or real estate agent who refuses to consider your bid, or who suddenly declares the house off the market
• If you and your partner have to work harder to get financing, or pay more for it, compared with heterosexual couples

How to protect yourself from housing discrimination

One way to protect yourself from housing discrimination is to work with professionals who’ve been vetted by friends and family or LGBTQ-friendly organizations. For example, you can find real estate agents through the National Association of Gay and Lesbian Real Estate Professionals (NAGLREP) or the LGBTQ+ Real Estate Alliance.

You’ll also want recommendations for a mortgage lender and potentially a real estate attorney.

You may want to keep detailed records of the conversations you have during your homebuying journey. These can be helpful if you do find yourself filing a discrimination claim.

What to do if you experience housing discrimination

If you believe you’ve been the victim of housing discrimination, you can take action by:

• Speaking with an attorney
• Contacting your state housing authority or local legal aid organization
• Filing a complaint with the Consumer Financial Protection Bureau online
• Calling the Lambda Legal help desk or your local American Civil Liberties Union
• Contacting your state’s NAGLREP chapter, if one exists

FAQ

• Who is not protected by the Fair Housing Act?
  

  The Fair Housing Act 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. It also does not protect based on age. And while HUD has interpreted the Fair Housing Act to protect against discrimination based on sexual orientation or gender identity in recent years, that is changing.

• Who enforces the Fair Housing Act?
  

  HUD enforces the Fair Housing Act through its Office of Fair Housing and Equal Opportunity (FHEO).