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Renter's Rights Against Sexual Orientation Discrimination
If Your Landlord Tries to Break Your Lease
If you encounter discrimination after your tenancy has begun, the picture may improve dramatically.
If you have a lease, your rental cannot be terminated until the lease term is over, unless you have broken an important lease clause (such as failing to pay rent or keeping a pet in violation of a no-pets rule) or you have committed an illegal act. Most lease clauses do not expressly address whom you share your bed with; and most states have tossed out their anti-sodomy and fornication laws. So, as long as your lease has no clause prohibiting certain types of sexual behavior and you don't live in a state that makes sodomy or unmarried sex illegal, a landlord who attempts to evict you solely on the grounds of your sexual orientation would have a hard time succeeding. This result would be true even for renters who live in cities or states that don't prohibit sexual orientation discrimination. Those that live in states that do would have an even stronger case.
If Your Landlord Tries to End Your Month-to-Month Rental Agreement
Renters with month-to-month rental agreements may be in greater danger of eviction. In a month-to-month tenancy, a landlord may terminate the agreement by giving the required notice, which is 30 days in most states. The landlord need not give a reason for the termination. However, landlords are not allowed to terminate rental agreements for a discriminatory reason, so if you have protection against sexual orientation discrimination by virtue of a state or local law, you may be able to stop the landlord. If you aren't protected, the landlord is free to act on his whims or beliefs. Tenants in rent control situations, however, may fare better, since most rent control ordinances prohibit termination of month to month tenants unless they have violated the rental agreement or have seriously broken the law (by selling drugs, for example).
Landlords' Defense: Freedom of Religion
Landlords have attempted to trump antidiscrimination laws by relying on various state and federal freedom of religion laws. A court in Alaska prohibited this end-run, but another court in North Dakota allowed it. (Swanner v. Anchorage Equal Rights Commission, 874 P.2d 274 (1994); North Dakota Fair Housing Council, Inc. v. Peterson, 625 N.W.2d 551 (2001).) In both cases, however, the courts were grappling with renting to unmarried heterosexual couples. There are no reported cases dealing specifically with a landlord's attempt to use a religious freedom law to protect sexual orientation discrimination.
FAQs
- What are the possible outcomes for a prospective tenant who files a complaint or a lawsuit for discrimination?
- What can a prospective tenant do against a landlord who discriminates illegally?
- What is fair housing?
- How can the prospective tenant prove that the landlord has illegally discriminated?
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