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Renter's Rights Against Sexual Orientation Discrimination


Know your rights if a landlord won't rent to you because you are gay or lesbian.

Most sensible landlords care more about whether you pay the rent on time and take good care of the property than whom you share your life with. Unfortunately, you may encounter some landlords who are inappropriately nosey or flat-out prejudiced.

You may be asked pointed questions when you apply for a rental ("Are you two, like, together?") or you may receive a termination notice from a landlord who has just learned that your relationship with your roommate is not platonic. What you can do in response depends on three things:

  • whether the state or city where you live has established legal protections that will help you
  • whether the discrimination takes place when you're applying for a rental or during the rental, and
  • whether you have a long-term lease or a month-to-month rental agreement.

If a Landlord Won't Rent To You

If you are denied a rental at the application stage, you may or may not be able to do anything about it. Federal law does not protect gays, lesbians, or transgender people from discrimination by landlords. Several states and many cities, however, do have laws that prohibit sexual orientation discrimination.

California, Connecticut, the District of Columbia, Hawaii, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, Rhode Island, Vermont, and Wisconsin have laws prohibiting discrimination against gays or lesbians. California, Connecticut, Minnesota, New Mexico, Rhode Island and New York City also protect transgender folks. In addition, many cities have passed laws that make discrimination on the basis of sexual orientation illegal, including Atlanta, Chicago, Detroit, Miami, New York, Pittsburgh, St. Louis, and Seattle.

If you don't live in a state or city that extends protection, there's not much you can do besides, perhaps, attempting to reason with the landlord.

Copyright 2006 Nolo

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