Not in a growing share of the market, and the federal answer changed in 2025. HUD withdrew its 2021 guidance reading sexual orientation and gender identity into the Fair Housing Act, but HUD-assisted and HUD-insured housing still bars it by regulation, and California, Washington and British Columbia ban it by statute. Give every applicant the same written criteria. This is information, not legal advice.
Does the Fair Housing Act protect LGBTQ tenants?
The text does not name them. 42 U.S.C. 3604 lists race, color, religion, sex, familial status, national origin and disability. Sexual orientation and gender identity are not on the list.
In February 2021 HUD read them into "sex," following the Supreme Court's employment ruling in Bostock v. Clayton County. That position is gone. HUD's Office of General Counsel withdrew its Bostock memo effective September 25, 2025, in 91 FR 44867, and its fair housing office withdrew the matching enforcement memo effective September 17, 2025, in 91 FR 17291.
Withdrawn guidance is not a permission slip. The same notice says conduct that breaks the text of the Act is still enforced, and an applicant can still sue in court within two years. Whether "sex" covers these cases is now a question courts answer, not HUD.
Does HUD-assisted housing still protect LGBTQ applicants?
Yes, by regulation. Under 24 CFR 5.105(a)(2), housing assisted by HUD or financed with a HUD-insured mortgage must be made available without regard to actual or perceived sexual orientation, gender identity or marital status. The eCFR showed that rule in force as of November 5, 2026. If you manage a property with HUD assistance or FHA-insured financing, the rule applies to it.
Which states and provinces ban it by name?
- California Government Code 12955 bars discrimination because of sexual orientation, gender, gender identity or gender expression. It also bars any written or oral inquiry about them, and any ad that shows a preference.
- Washington's RCW 49.60.222 makes it an unfair practice to refuse a rental, or use an application form or inquiry showing a limit, because of sexual orientation, which the state defines to include gender expression or identity.
- BC's Human Rights Code, section 10, bars denying a tenancy because of sexual orientation or gender identity or expression, except where the tenant would share a kitchen, bathroom or bedroom with the person renting it out.
Many other states and cities have their own versions, so check where each unit sits. The applicant pool makes this practical, not only legal. Gallup's February 2026 poll finds 9% of US adults identify as LGBTQ+, rising to 23% of adults under 30.
What should a screening policy say?
- Never ask about sexual orientation, gender identity or the relationship between co-applicants.
- Use the name and pronouns the applicant gives. Match the ID check to the person, not to a gender marker.
- Apply one occupancy standard to every household, related or not.
- Keep "couples," "roommates" and "family" out of listing copy. Our guide to fair housing words to avoid covers the listing side.
- Write the income, rental history and credit criteria down and apply them to everyone.
Where does this go wrong in practice?
At the showing. Two men tour a one-bedroom together, and afterward the agent texts that the owner "prefers a married couple or a single tenant." In California that text is a written statement of a preference, and a marital status problem too, as our post on marital status questions explains. The fix is the same follow-up message to every visitor.
LetHub is AI leasing software for property managers: it answers rental inquiries by text, chat, email and phone in about 30 seconds, day and night, qualifies renters, books tours and runs ID-verified self-showings, giving every prospect the same answers you wrote. Book a demo to see it on your listings.
LGBTQ tenants and rentals: FAQ
Is sexual orientation a protected class in housing?
Not by name in the federal statute. It is protected by name in California, Washington, British Columbia and many other places, and in HUD-assisted and HUD-insured housing by regulation. Whether federal "sex" covers it is now for the courts.
Can a landlord ask if two applicants are a couple?
There is no lawful use for the answer. Ask how many people will live in the unit and screen each adult on the same criteria. In California, asking about sexual orientation or marital status is itself barred.
What if a transgender applicant's ID shows a different name?
Verify the person against the ID photo and record any legal name change documents the applicant offers. Refusing because the gender marker does not match how the person presents can break California, Washington and BC law.
