Sexual Orientation Discrimination in Housing
What is sexual orientation discrimination?
Discrimination is the unlawful and unfair treatment of a person based on traits such as his or her religion, race, ethnicity, national origin, sex or gender, physical or mental disability, or age. Civil rights advocates--and reportedly many Americans--say that sexual orientation should be among these "protected" traits. Sexual orientation is defined as being heterosexual, homosexual, or bisexual. Discrimination is the different treatment of people, often made on the basis of prejudice. In order to be illegal, an act of discrimination must be intentional or done with purpose. Accordingly, sexual orientation discrimination is unequal and intentional treatment that is based on a person's actual or perceived sexual orientation.
Some civil rights advocates say that very few federal laws prohibit sexual orientation discrimination and, in fact, some laws tend to encourage it. They contend that sexual orientation discrimination is a violation of the fundamental freedoms and civil rights guaranteed by the United States Constitution. Some opposed to laws that expressly protect gays, lesbians, bisexuals, and transgender persons from sexual orientation discrimination counter that existing laws already offer adequate protection or that such laws would give "special rights."
Does the federal Fair Housing Act prohibit sexual orientation discrimination?
The federal Fair Housing Act prohibits intentional discrimination in the rental, sale, and financing of housing due to a prospective renter or buyer's race, color, national origin, sex, religion, disability, or family status. The term "sexual orientation" is not among those traits protected by the Fair Housing Act. As a result, the Fair Housing Act does not offer protection against sexual orientation discrimination.
The Fair Housing Act applies to landlords, leasing companies, property management companies, and real estate companies, as well as to lenders, banks, and homeowners' insurance companies.
For the most part, sexual orientation discrimination alone will not be cause for a valid complaint of housing discrimination. Some federal housing authorities do, however, evaluate housing discrimination complaints on a case-by-case basis to determine if any other form of housing discrimination is present. Individuals who believe that they have been the victims of sexual orientation discrimination by, say, a landlord usually must look to the various state and local laws that prohibit discrimination in housing. For example, the New York City Human Rights Law prohibits housing discrimination based on, among other characteristics, sexual orientation.
Laws in several states and municipalities also prohibit housing discrimination against transgender people. A "transgender" person is an individual who does not always conform to traditionally held gender roles. A transgender person may wear clothing or take part in activities that are usually associated with the opposite sex. A transgender person's sexual orientation may be heterosexual, homosexual, or bisexual.
Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.
