Fortunately, technology can be used to fight LGBT Housing Discrimination.  This article details the current legislative recourse for LGBT discrimination victims,

 

LGBT Housing Discrimination, the Hidden Problem

Multiple studies such as the 2013 Housing Urban Development study “An estimate of Housing Discrimination Against Same-Sex Couples” and the 2017  Urban Initiative study “A Paired-Testing Pilot Study of Housing Discrimination Against Same-Sex Couples and Transgender Individuals” confirm there is indeed a very real issue of LGBT Housing Discrimination.  What makes this situation even worse is that LGBT individuals are already vulnerable to so many other types of discrimination, housing is yet another potential hurdle.

The majority of the research conducted in this area is completed using mutli metropolitain areas and a method of research known as paired testing.  The general structure of the research included either submitting two almost identical housing applications or using confedereate subjects to physically apply to residential properties with vacancies.  The two applications are each for one couple seeking a 1-2 bedroom apartment with the same financial profile but the only difference is the sexual oreintation; one is for a hetereosexual couple and the other is not. Research in this area widely suggests that there is a difference in responses to to these two applciaiotnos

Discrimination manifested in experimental subjects being shown less properties, were less likely to recieve appointments with housing providers, and charged higher rates.  This

 

Legislative Recourse for LGBT Housing Discrimination Victims

The preeminent housing legislation in the United States is the Federal Fair Housing Act.  While the Act prohibits discrimination based on race, color, national origin, religion, sex, disability, and family status it does not explicitly state sexual orientation as a protected class. Until recently LGBT individuals had succeeded in Fair Housing Act claims in a very narrow set of circumstances that utilized the named ‘sex’ protected class.  This option is frequently utilized when the reason for the discrimination is not sexual orientation but a gender nonconformity.  So if a tenant was a female lesbian who acted in a traditionally masculine manner that the landlord did not like and thus discriminated against her, she would have a cause on the basis of sex under the Fair Housing Act.  A 2017 case in a Colorado Federal court ruled that the Federal Housing Act protects same-sex couples.  There has yet to be a formal change to the Fair Housing Act to include sexual orientation as a protected class or a supreme court case decision.  Individuals can file a formal complaint if they believe they have been a victim of housing discrimination.

Should the LGBT tenant be dealing with a Housing and Urban Development property, they are protected by HUD’s Equal Access Rule which mandates equal treatment regardless of a person’s actual or perceived sexual orientation, gender identity, or marital status.

22 Individual states have passed anti-housing discrimination laws that prohibit LGBT Housing discrimination (unfortunately my home state of Florida is not on this list).  For each of the states with such a protection, individuals who suspect they have been a victim of discrimination they can file a formal complaint with their state’s housing division or equivalent office.

Individual counties, cities, and municipalities can create individual ordinances that protect LGBT tenants from discrimination.  Miami passed their ordinance in ____.

 

LSGMI and LGBT Housing Discrimination

After speaking with an attorney who works in LSGMI’s Housing division and also works for the LGBT Justice Project I received insight into the specific issues that South Floridian LGBT individuals face.  Our clients frequently need assistance with name changes, advocating for Medicare assistance for a transgender individual, general health issues, and employment discrimination.  I was further surprised to learn

 

Technological Solutions

There are a number of processes that could be created or modified to utilize technology to combat LGBT Housing Discrimination.  Below are 5 methods.

  1. Educating the Public – Educating LGBT tenants and all landlords through an innovative and engaging campaign that utilizes social media and technology could be a preventative method of reducing housing discrimination.
    1. A good campaign will creatively and succinctly detail the issues of LGBT Housing Discrimination and what can be done about it.
  2. Reporting Suspected Incidents of Housing Discrimination – A well-designed app could be used by prospective tenants who believe they have just experienced discrimination.
    1. The app would either use GPS location or ask where the person is located and automatically give them a variety of options available to them in a certain jurisdiction as well as tips for documenting the incident.
    2. To clearly deliver assistance instead of displaying statutes, the app should utilize a series of branch logic questions to help guide the user
  3. Rating Leasing Offices and Apartments Based on Their Acceptance of LGBT tenants – Properties with bad reputations could have their behavior publicly known using a Yelp type app and properties with good reputations could be celebrated for their inclusiveness.
    1. App or service would have to have some form of user validation or method of weeding out potentially false reports
  4. Legislative Reform – Given only 22 states have laws on the books regarding LGBT Housing Discrimination, technology can be used to introduce legislation to the remaining 28.
    1. Given that the enactment of legislation requires public and political support, technology can be used to rally support for new bills, track their progress, and coordinate regional efforts.
    2. States who have previously passed similar successful legislation should be consulted and (provided they have similar demographic and political makeups as the state in question) followed as a blueprint.
  5. Referrals – Knowing what resources exist either on the internet or in your area is keep part to competent legal services, technology can be used to keep track of regional services and communicate when new services arrive.
    1. Pro Bono services for indigent clients can help potential victims of Housing Discrimination locate attorneys that can help
    2. There are also a wide variety of services for specific populations of LGBT individuals.  SAGE advocates and provides services for LGBT seniors and the True Colors Fund advocates for LGBT Youth.
      1. While both of these organizations do great work, they can only be as successful as potential clients know they exist

Conclusion

LGBT Housing Discrimination is a complex issue that will require a multifaceted approach with a wide variety of advocates.  When attempting to solve any problem of this magnitude it is wise to do a survey of others already in this space.  Organizations like LGBT Technology Partnership & Institute and others are already working to advance the interests of LGBT individuals in a variety of forms.  Technology may not be a silver bullet but it can act as a catalyst for change and enable a future where LGBT Housing Discrimination no longer exists.

Somewhere between my 1L and 2L year, I realized two very important things.  The first, that I had a strong interest and aptitude for technology-related work.  The second, that I had a passion for non-profit and public interest work.  During my 2L year, I sought to combine these two truths and find a position that would allow me to utilize technology to benefit indigent and at-risk populations.  A friend sent me an application for the 2018 Access to Justice Technology Fellowship and after two rounds of interviews, I was accepted to represent the University of Miami School of Law in this national program.  This article details my host organization, the projects I am working on, and how these projects will improve the delivery of legal aid.

My Host Organization: Legal Services of Greater Miami Inc. (LSGMI)

I am honored to work at Legal Services of Greater Miami Inc., which is the largest provider of civil legal aid to indigent clients in South Florida.  Founded in 1966, we serve residents of the Miami-Dade and Monroe Counties, which have a combined population of over 2.5 million people.  The majority of our work centers around issues of affordable housing and tenant rights.  Additionally, we offer aid with health, education, government benefits, consumer protection, and employment law related issues.  In the last year, we have helped 20,000 individuals and families and have recovered $2.6 million in government benefits for our clients as well as preserved $2.5 million in housing.

My supervising attorney is the Chief Information Officer (CIO) for LSGMI.  A CIO is not only in charge of day-to-day technology operations but is also responsible for deciding how to integrate technology into the mission statement and goals of their organization.  Seeing such a technology focused legal position carved into the leadership of a such a large legal aid organization makes me very optimistic that opportunities for technology proficient attorneys will only continue to grow in the future.

My Project(s):

My primary project for the summer is also in conjunction with Open Referral Initiative and LSGMI.  Open Referral’s mission is to create a “future in which information about the civil legal resources available to people in need is easy to find, share, and use — in whatever way is most appropriate and effective”.  Specifically, we will achieve this end by creating a form which organizations can use to publish granular information about programs and servies with a verification tool to ensure that the information is accurate.  The system will utilize a machine-readable directory for ease of use, and there will be a feasibility study to determine logistics.  This project has been running since January of 2017, in my first week (May 2018) we conducted the first round of statewide testing.  Participating organizations included Three Rivers, Bay Area Legal Services, Coast to Coast Legal Aid, and Central Legal Services of Mid Florida.  Institutional partners included the Florida Bar Foundation and the Florida Justice Technology Center.  I helped processed user feedback, acted as a liaison between stakeholders, and helped make system changes.

I have also been working on a host of other projects for LSGMI.  Those include adding segments of branch logic to an existing online intake form to allow clients to enter information about food stamp eligibility, and adding SMS (text message) capability to our case management software thus allowing attorneys to communicate with clients through texts instead of phone calls.  Additonally, automating google sheets with multi-level authentication so employee completed forms like travel reimbursements are automatically sent to the requisite department without the need for email, and creating a collaborative inbox to help the Information Technology department better coordinate with the CIO.  I’ve also aided the completion of funding applications, compiled a list of South Florida Immigration law providers, and redesigned the physical client intake form for LSGMI.  I have also been able to engage in client intake, participate in a focus group for Florida Law Help, and attend a stakeholder meeting in Orlando for Florida Legal Aid providers.

How this Project Will Improve the Delivery of Legal Services

 

One of the many ways to combat the ever-growing justice gap is to empower individuals and organizations by making them fully aware of all the services and programs available to them.  Two of the most difficult challenges in reaching this objective are the incongruency of case management software used by legal aid organizations in the state of Florida (while most use LegalServer there is a strong minority of those who don’t) and the strict eligibility requirements of legal aid grants (grants are conditionally given to help specific populations of individuals in specific zip codes, i.e. one grant to help female domestic violence victims in Broward County).

A system that overcomes both of these obstacles would allow any legal aid organization to easily refer and thus provide a higher level of legal service to clients with a reduction on time spent on each individual case.  This objective will be reached since the verification tool will ensure a feedback loop guaranteeing oversight of the data quality that will feed the decisions of attorneys when choosing a course of action for their clients.  Additionally, in connecting this with a system similar to online intake (a process by which potential clients answer a series of question about their specific legal questions via branch logic that adapts to their answers) it will empower clients by prescreening their legal issue.  This becomes an area of concern when we have occasional walk-in clients who have taken an entire day off of work and traveled an inconvenient amount of distance just to be told by the intake paralegal that we do not a specific service (i.e. immigration) and direct them to another organization.  That fault of communication and public knowledge cost an already at-risk individual a resource that can never be fully compensated for. Time. Furthermore, it also promotes a distrust of legal aid services in general, when a client feels slighted and then may elect to go into a proceeding of pro se.

As I write this I am about to start week 7 of my experience and will see another round of statewide testing before this amazing technology fellowship experience is over.  Another unique characteristic this project has – aside from working with brilliant minds throughout the state of Florida – is that it has the backbone of being open source so that any state or municipality can use the formula to enhance their own state’s legal services. I believe one of the best courses of action for closing the justice gap is to do two things, very well: 1) empower legal professionals to provide comprehensive and quality legal advice with the full and accurate knowledge of services out there and 2) empower people to do as much research as possible so as to know some of their options and expectations of what is to come even before seeing attorney, thus reinstalling trust in our legal system.  I am sure this position will be a significant cornerstone of my legal career.