Tucson Real Estate Attorneys

August 30, 2017 By Heidi Rib Brent

Federal Fair Housing Laws Rules to Protect LGBT Couple

In April 2017, a U.S. District Court Judge in Denver ruled for the first time that the federal Fair Housing Act (“FHA”) prohibiting discrimination in housing extends to the LGBT community. In Smith v. Avanti, 16-CV-00091-RM-MJW, two women, one of whom is transgender, and their two minor children, were denied the opportunity to rent a house in Denver. The owner expressed that the couple’s “unique relationship” would impact the owner’s “low profile” in the community and that the neighbors were concerned about the “noise” that the children would cause. The FHA bars refusals to rent housing on the basis of sex and/or family status. The Court ruled that discrimination against the couple because they do not conform to gender norms of how to dress or whom they choose to marry is unlawful discrimination based on sex under the FHA. The Court also ruled that the refusal to rent to the couple out of concern for the children’s noise is unlawful as discrimination based on familial status under the FHA. The Court found the owner’s conduct in violation of the Colorado Anti-Discrimination Act as well.

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