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If you are an LGBTQ+ HomeBuyer, you may not be sure of your current legal status. Recent changes to federal government policy have eroded some of the housing protections for LGBTQ+ Americans, leaving the strictest laws at the state level.
Meanwhile, LGBTQ+ people are less likely to own a home than straight, filtered people. According to a 2024 analysis by the Urban Institute, homeownership rates for people identifying as LGBTQ+ is only 51%, while 71% of people identifying as straight and cisgender.
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 gender when someone is buying a home, applying for a mortgage or housing assistance, or taking part in other home-related activities.
Subsequent decisions by the Housing and Urban Development Authority (HUD), the agency that governs the Fair Housing Act, extended protections to those facing discrimination based on their sexual orientation and gender identity. However, these protections have not been specifically listed in the law, and recently HUD Executive Director Scott Turner announced that HUD will roll them back in several scenarios.
This means that in many cases LGBTQ+ home buyers must rely on state law when making discrimination claims. Currently, 22 states, Washington, DC, and the US Virgin Islands have laws against housing discrimination based on sexual orientation and gender identity. Wisconsin and Iowa prohibit discrimination based solely on sexual orientation.
How to recognize housing discrimination
HUD implements Fair Housing Acts and state-based agencies implement state housing laws, but it’s up to the home buyer to invoke unfair practices. Beware of these clear signs of discrimination:
- Mortgage lenders who must be in advance regarding mortgage fees
- Real estate agents who refuse to represent you
- Sellers or real estate agents who refuse to consider your bid or suddenly declare the House of Representatives from the market
- If you and your partner have to work hard to get funding or pay more for it compared to a heterosexual couple
How to protect yourself from housing discrimination
One way to protect yourself from housing discrimination is to work with friends, family and experts vetted by LGBTQ-friendly organizations. For example, you can find real estate agents through the National Gay and Lesbian Real Estate Professionals (NAGLREP) or through the LGBTQ+ Real Estate Alliance.
You also need recommendations for mortgage lenders and potential real estate attorneys.
You may want to keep a detailed record of the conversations you have during your home viewing journey. If you find yourself filing a discrimination claim, these can be helpful.
What to do if you experience housing discrimination
If you believe you are a victim of housing discrimination, you can take action as follows:
- Talk to a lawyer
- Contact your state housing authority or local legal aid organization.
- File a complaint online with the Consumer Financial Protection Bureau
- Call Lambda Legal Help Desk or your local American Civil Liberties Union
- If there is, contact the state’s Nagrep chapter
