Fair and Equal Housing Act of 2025

#3696 | HR Congress #119

Subjects:

Last Action: Referred to the House Committee on the Judiciary. (6/3/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Fair and Equal Housing Act of 2025" seeks to expand the protections under the Fair Housing Act to include individuals facing discrimination based on sex, sexual orientation, and gender identity. The legislation amends existing provisions of the Fair Housing Act to explicitly incorporate these categories, ensuring that discrimination based on these characteristics is prohibited in housing practices.

Key provisions include:

1. **Definition Expansion**: It clarifies that the terms "sex," "gender identity," and "sexual orientation" include not only the individual's characteristics but also those of people with whom they are associated, as well as perceptions about them.

2. **Inclusion in Anti-Discrimination Measures**: The bill mandates the inclusion of sexual orientation and gender identity in various sections of the Fair Housing Act, reinforcing protections against discrimination in housing based on these factors.

3. **Prevention of Intimidation**: It also enhances protections against intimidation and harassment related to fair housing cases by incorporating sexual orientation and gender identity into the relevant legal language.

Overall, this legislation aims to promote equality and prevent discrimination in housing for all individuals, regardless of their sex, sexual orientation, or gender identity.

Possible Impacts

The proposed "Fair and Equal Housing Act of 2025" could have several significant impacts on individuals and communities. Here are three examples:

1. **Enhanced Protection Against Discrimination**: The legislation extends the protections of the Fair Housing Act to explicitly include discrimination based on sexual orientation and gender identity. This means that individuals who identify as LGBTQ+ would have legal recourse if they face discrimination in housing due to their sexual orientation or gender identity. For example, a same-sex couple looking to rent an apartment could not be denied based on their relationship, thus fostering a more inclusive housing market.

2. **Increased Awareness and Accountability**: By amending existing laws to include specific protections for sexual orientation and gender identity, the legislation raises awareness about discrimination issues within the housing sector. Landlords, real estate agents, and housing organizations may need to undergo training and implement new policies to comply with the law. This could lead to a broader cultural shift where discrimination is less tolerated and more individuals understand their rights and responsibilities regarding fair housing.

3. **Protection Against Perceived Discrimination**: The bill includes provisions that address discrimination based on perception or belief about an individual’s race, color, religion, sex, or other characteristics, even if those perceptions are inaccurate. This could benefit individuals who may not conform to traditional gender norms or who are wrongly assumed to belong to a certain demographic. For instance, a person who appears and identifies as male but is perceived as female would still be protected against housing discrimination, ensuring that all individuals are treated fairly regardless of societal perceptions.

Overall, the Fair and Equal Housing Act of 2025 seeks to create a more equitable and just housing environment for all individuals, particularly those who face discrimination based on sexual orientation and gender identity.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3696 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3696

To extend the protections of the Fair Housing Act to persons suffering 
discrimination on the basis of sex or sexual orientation, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2025

Mr. Schneider (for himself, Mr. Fitzpatrick, Ms. Davids of Kansas, Mr. 
   Keating, Mr. Tonko, Mr. Quigley, Ms. Schakowsky, Ms. Scanlon, Mr. 
   Vargas, and Ms. Jayapal) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To extend the protections of the Fair Housing Act to persons suffering 
discrimination on the basis of sex or sexual orientation, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair and Equal Housing Act of 
2025''.

SEC. 2. HOUSING.

    (a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et 
seq.) is amended--
            (1) in section 802, by adding at the end the following:
    ``(p) `Race', `color', `religion', `sex' (including sexual 
orientation and gender identity), `handicap', `familial status', or 
`national origin', used with respect to an individual, includes--
            ``(1) the race, color, religion, sex (including sexual 
        orientation and gender identity), handicap, familial status, or 
        national origin, respectively, of another person with whom the 
        individual is associated or has been associated; and
            ``(2) a perception or belief, even if inaccurate, 
        concerning the race, color, religion, sex (including sexual 
        orientation and gender identity), handicap, familial status, or 
        national origin, respectively, of the individual.
    ``(q) `Gender identity' means the gender-related identity, 
appearance, or mannerisms or other gender-related characteristics of an 
individual, without regard to the individual's designated sex at birth.
    ``(r) `Sexual orientation' means homosexuality, heterosexuality, or 
bisexuality.'';
            (2) in section 804, by inserting ``(including sexual 
        orientation and gender identity)'' after ``sex'' each place 
        that term appears;
            (3) in section 805, by inserting ``(including sexual 
        orientation and gender identity)'' after ``sex'' each place 
        that term appears;
            (4) in section 806, by inserting ``(including sexual 
        orientation and gender identity)'' after ``sex'' each place 
        that term appears; and
            (5) in section 808(e)(6), by inserting ``(including sexual 
        orientation and gender identity)'' after ``sex''.
    (b) Prevention of Intimidation in Fair Housing Cases.--Section 901 
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by 
inserting ``(including sexual orientation (as such term is defined in 
section 802 of this Act) and gender identity (as such term is defined 
in section 802 of this Act))'' after ``sex'' each place that term 
appears.
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