The Federal Fair Housing Act outlines all of the ways in which a landlord, seller, or financial institution may not discriminate against tenants or those looking to purchase a home. However, this act was written in 1968, so it’s fairly outdated. It prohibits any discrimination based on color, race, sex, religion, national origin, disability, and familial status, but it says nothing about sexual orientation. The act hasn’t been amended since 1990, and while attempts have been made to get orientation added to the list, it hasn’t happened yet.
What this means is that insurance companies, landlords, and financial companies can treat LGBT couples differently. Couples may be told that they can’t put both of their names on an insurance policy or on the title. Some insurance companies may even later cancel a policy or refuse to pay out on a claim because they see the two owners are, in their eyes, unrelated and in no kind of committed relationship.
The good news is that there are some states that do include protection for same-sex couples in real estate. Currently, there are 14 states plus the District of Columbia that protect same-sex couples from housing discrimination. Only four of these states, however, include provisions for gender identity. Some companies and agencies also protect buyers and renters regardless of their sexual orientation and gender identity, but the degree of protection may vary from company to company.
It can be difficult knowing how to handle this type of discrimination, especially if you aren’t expecting it. It can also sometimes be hard to tell even if you are being discriminated against. Did the property really go under contract as soon as you left, or did the agent realize the man with you wasn’t just a friend? Discrimination isn’t always apparent and accompanied by shouts of horrible words.
One way to make sure you aren’t discriminated against is to hire a gay or lesbian realtor. They will understand all of the property laws and how they affect LGBT couples in the state. They will also have connections with lenders, insurance agencies, and other professionals who will be more than willing to work with you. If you suspect you’ve been the target of discrimination in any way, you should also discuss it with a gay or lesbian realtor. They may have heard of other stories regarding the same people who discriminated against you and may know what further steps can be taken to ensure this discrimination doesn’t happen again.