Housing Nondiscrimination Laws for LGBTQ People

Housing nondiscrimination laws protect LGBTQ people from being unfairly evicted, denied housing, or refused the ability to rent or buy housing on the basis of their sexual orientation or gender identity. This map shows state housing nondiscrimination laws that explicitly enumerate sexual orientation and/or gender identity as protected classes, as well as states that explicitly interpret existing sex protections to include sexual orientation and/or gender identity.

State-Level Nondiscrimination Overview

State laws regarding housing protections across the country can be categorized as follows:

  • State law explicitly prohibits discrimination based on sexual orientation and gender identity: 22 states , 1 territory + D.C.
  • State explicitly interprets existing prohibition on sex discrimination to include sexual orientation and/or gender identity: 8 states.
  • State law explicitly prohibits discrimination based on sexual orientation only: 2 states.
  • No explicit prohibitions for discrimination based on sexual orientation or gender identity in state law: 18 states, 4 territories.

In green stripe states, the state's nondiscrimination law does not explicitly enumerate sexual orientation or gender identity, but the state's civil/human rights commission has explicitly stated it interprets the state's existing protections against sex discrimination to include protections for both sexual orientation and gender identity. Additionally, in states without state protections, municipalities may provide local-level nondiscrimination protections.

Federal Interpretation and Legal Guidance

The U.S. Department of Housing and Urban Development (HUD) currently interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation or gender identity. LGBTQ people who believe they have experienced housing discrimination may be able to pursue claims through this avenue.

However, local ordinances, state laws, federal court rulings, and more create a patchwork of nondiscrimination protections for LGBTQ people across the country. Given this patchwork, individuals who have experienced discrimination should contact Lambda Legal's Help Desk or otherwise seek legal advice. This map is not intended as legal advice or an indication of your rights.

Percent of Adult LGBTQ Population Covered by Laws

The following data represents the estimated percentages of the LGBTQ adult population living in the 50 states and the District of Columbia covered by various laws:

  • 49% of LGBTQ population lives in states prohibiting housing discrimination based on sexual orientation and gender identity.
  • 20% of LGBTQ population lives in states explicitly interpreting existing prohibition on sex discrimination to include sexual orientation and/or gender identity.
  • 3% of LGBTQ population lives in states prohibiting housing discrimination based on sexual orientation only.
  • 28% of LGBTQ population lives in states that do not prohibit housing discrimination.

Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.

Recommended citation: Movement Advancement Project. "Equality Maps: Housing Nondiscrimination Laws." https://www.lgbtmap.org/equality-maps/non_discrimination_laws/housing . Accessed 12/24/2025.