Housing Discrimination on the Basis of Sexual Orientation
It is very important that LGBTQ+ tenants know their rights, as they are vulnerable to housing discrimination on the basis of sexual orientation or gender identity. While many landlord’s primary concern is whether or not the tenant can pay their rent on time, some landlords may question your relationship with your partner prior to offering you a home — or a landlord may even give you a termination notice say they find out you are in a non-platonic relationship with your partner.
The federal Fair Housing Act of 1968 and the federal Fair Housing Amendments Act of 1988 outlaws discrimination on the basis of the following “protected categories”:
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Race or color
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Religion
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National origin
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Family status or age — including families with children younger than the age of 18 and pregnant women
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Disability or handicap
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Sex
It is important to note that at the federal level, there aren’t any laws that protect tenants against discrimination on the basis of their sexual orientation, for it is not explicitly mentioned in the law. The Supreme Court case of Obergefell v. Hodges (June 29, 2015) — which guaranteed the right to marry to same-sex couples — did not protect these respective couples from discrimination from private individuals (i.e., landlords). However, the state of California provides greater protections for same-sex couples and other members of the LGBTQ+ community. The California Fair Employment and Housing Act (FEHA) — which makes it illegal to discriminate against anyone on the basis of the outlined characteristics — explicitly includes gender orientation. This includes basing the rental of housing on the respective factors.
IF A LANDLORD TRIES TO BREAK YOUR LEASE
If you believe that your landlord is terminating your lease because of you sexual or gender orientation, as long as you have a lease, your rental cannot be terminated until the lease is over or unless you have broken an important lease clause or law. Having a lease makes it much more difficult for your landlord to evict you on the sole premise of your sexual or gender orientation.
IF YOUR LANDLORD TRIES TO END YOUR MONTH-TO-MONTH TENANCY
On a month-to-month tenancy, there are less protections for tenants. Landlords can give a minimum required notice — 30 days in most states — without giving a reason for termination. Nontheless, if your state or local law provides protectoins against housing discrimination, you may be able to stop your landlord.
We understand that our clients bear most — if not all — of the burden and hardship that comes with these discrimination cases; however, our lawyers at The Tenants Law Firm are willing to fight so that you can secure the justice and respect that you deserve and will walk you through every step of the way.
Contact The Tenants Law Firm today if you, or someone you know, has experienced housing discrimination based on their sexual orientation to receive a consultation. You can contact an attorney directly by submitting an online form at Tenants Law Firm. You deserve to live in suitable housing conditions and demand the same respect as everyone else, and we have qualified attorneys to help you fight for your rights as a tenant.