Know your rights with LGBT homeownership

I can remember growing up in the 1960s and 1970s in the capital city of California when the gay community was still very much underground. As far as one could tell in the world in which I was raised, the word “gay” did not even exist. If it did, it wasn’t used as much as the most favored adjective of choice for a gay person back then, which was fag or faggot. For the female of the “species” it was dyke.

These were common terms that were used often and never in a positive light. Not once can I remember meeting or being made aware of any gay neighbors or gay people in general. The thought of gay couples living together and owning a house was not something I was aware of. But this did not stop me from fantasizing about having the dream of one day owning a home together with a partner.

As far back as sixth grade, I can remember having a mad crush on my tall, dark and handsome male teacher. I would sit at my desk and gaze at him as he would lecture the class. Often my thoughts would stray far away from the lecture, as I would imagine my beautiful teacher and I living happily ever after together in our own home with a white picket fence. I knew in my heart this was a real possibility, even though everything in the real world seemed to be against it. In any event, the bell would ring and I would return to reality to realize this was only a dream, at least for the time being.

Housing discrimination against lesbian, gay, bisexual and transgender people takes a variety of forms. For example, couples have been discriminated against when shopping for a home. Others have been told they cannot put both partners’ names on a homeowner’s insurance policy, which is important to do if both partners share ownership of the home. Still other couples have been discriminated against when filing a claim, as some insurance companies have attempted to refuse claims or cancel policies on the grounds that the owners are “unrelated.”

The best way to avoid discrimination is to know your basic rights at the federal, state and local level.

Federal law lends no protection. The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination in the sale, rental, financing or other housing-related transactions based on race, color, national origin, religion, sex, family status or disability. But it does not protect people against discrimination based on sexual orientation or gender identity.

The following twelve states and the District of Columbia prohibit housing discrimination based on sexual orientation and gender identity: California, Colorado, District of Columbia, Hawaii, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island and Vermont.

In addition to the states listed above, another six states prohibit housing discrimination based on sexual orientation only. They are: Connecticut, Maryland, Massachusetts, New Hampshire, New York and Wisconsin.

Courts and administrative agencies in several additional states (Florida, Massachusetts and New York) have interpreted either their sex or disability discrimination statutes to prohibit certain forms of discrimination against transgender people.

There are also more than 240 local jurisdictions that prohibit discrimination based on sexual orientation in employment and, in most cases, housing and public accommodations. About 60 of these also prohibit discrimination based on gender identity or expression. Check with your local government for more information.

Today, in most metropolitan cities throughout the U.S. and beyond, the attitude toward the LGBT community is much more accepting and positive. This has been largely due to the positive portrayal of our community in television, movies, music and in the media. In the last 15 years there have been many notable openly gay celebrities who have acted as positive role models. People like Ricky Martin, Rosie O’Donnell, Don Lemon, Ellen DeGeneres, Wanda Sykes, Elton John and George Michael, just to name a few. These openly gay public figures have helped greatly to educate the masses on our community and increase acceptance of us.

Most movies in the last ten years have had gay or lesbian characters, who have been portrayed in a positive light. In the old days, a gay character in a movie or on TV would have been a murderer, a child molester or some kind of weirdo. But today, as a general rule, we are represented in most modern movies and TV programs in a very positive light.

Recently, too, Chaz Bono has been able to educate the masses on being transgender. He has done a fantastic job sharing his own experience with the world, which has allowed millions of people to have a better understanding of what being transgender means.

We are very fortunate, as a community, to be living in a time when in most sizable cities we can be open and accepted. We have to thank our elder LGBT brothers and sisters who have paved the way for today’s level of acceptance. We also have to thank the entertainment industry which has reached the masses in the last fifteen years with a positive portrayal of our community. Be thankful, be happy and be proud!

Trent St. Louis is a licensed Real Estate Agent and a member of the National, California and San Diego Association of Realtors. You can reach Trent at trent@tns.net or at his office in Hillcrest, The Metropolitan Group. (CADRE#01273643).

Leave a Reply

Your email address will not be published. Required fields are marked *