A new bipartisan bill introduced in the U.S. House of Representatives aims to expand the Fair Housing Act to include protections for LGBTQ+ individuals. The proposed legislation, titled the “Fair and Equal Housing Act of 2025,” seeks to prevent housing discrimination based on sexual orientation and gender identity. The bill comes amid federal rollbacks in LGBTQ+ housing protections and growing concerns over housing instability for LGBTQ+ people nationwide.
Bill Introduced by Bipartisan Lawmakers
On June 3, Representatives Brad Schneider (D-IL) and Brian Fitzpatrick (R-PA) introduced H.R. 3696. The bill proposes to amend the Fair Housing Act, originally passed in 1968, to explicitly prohibit discrimination against individuals based on sexual orientation and gender identity. This bipartisan move includes support from nine original cosponsors, both Democratic and Republican.
Gaps in Current Federal Protections
While the Fair Housing Act currently protects against discrimination based on race, color, religion, national origin, sex, familial status, and disability, it does not explicitly cover sexual orientation or gender identity. As of 2023, only 23 states, one U.S. territory, and the District of Columbia had laws banning housing discrimination on both grounds. This patchwork of protection leaves many LGBTQ+ individuals vulnerable, depending on where they live.
HUD Rollbacks Undermine LGBTQ+ Access
The introduction of the bill coincides with recent actions by the U.S. Department of Housing and Urban Development (HUD) that advocates say roll back protections for LGBTQ+ individuals. In February 2025, HUD Secretary Scott Turner announced the agency would stop enforcing the 2016 Equal Access Rule. This rule ensured that people could access HUD-funded housing programs without discrimination based on gender identity, sexual orientation, or marital status.
Equal Access Rule No Longer Enforced
The 2016 Equal Access Rule specifically required that emergency shelters and other housing services funded through HUD’s Community Planning and Development programs provide access without invasive questions or documentation. The rollback of this policy raises concerns that LGBTQ+ individuals, especially transgender people, could face increased barriers when seeking shelter.
Marketing Protections Also at Risk
In addition to the Equal Access rollback, HUD has proposed eliminating Affirmative Fair Housing Marketing regulations. These rules ensured that federally insured housing, such as that under the Federal Housing Administration (FHA), was marketed to all eligible households, including groups historically underrepresented in housing programs. Critics argue that eliminating these regulations could lead to fewer outreach efforts to marginalized communities, further limiting access for LGBTQ+ renters and buyers.
Potential Impact on Housing Instability
Policy advocates warn that the rollback of these protections may lead to increased housing instability and homelessness within the LGBTQ+ community. Without federal enforcement of non-discrimination practices and marketing outreach, vulnerable populations could face limited housing options or outright denial of shelter.
Support from a Diverse Coalition
The Fair and Equal Housing Act of 2025 has garnered support from lawmakers across the political spectrum. In addition to Schneider and Fitzpatrick, original cosponsors include Representatives 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). The bill’s bipartisan backing may improve its chances of gaining traction in a divided Congress.
