Court Rules Fair Housing Act Protects LGBT Community – NMP Skip to main content

Court Rules Fair Housing Act Protects LGBT Community

Apr 06, 2017
A federal judge has issued a ruling that stated LGBT people were covered by the Fair Housing Act

A federal judge has issued a ruling that stated LGBT people were covered by the Fair Housing Act, even though the law makes no specific mention of sexual orientation or gender identity.
 
According to a Washington Post report, Judge U.S. District Judge Raymond P. Moore in Denver
 
Ruled that Rachel Smith, a transgender woman, and her spouse Tonya Smith, along with their two children, were denied a rental townhouse in Boulder, Colo., by a landlord who cited their "unique relationship" as the cause of denial. The Fair Housing Act prohibits discrimination based on sex, which Judge Moore used as the basis on his decision, noting that the couple "contend that discrimination against women (like them) for failure to conform to stereotype norms concerning to or with whom a woman should be attracted, should marry, and/or should have children is discrimination on the basis of sex under the [Fair Housing Act]. The Court agrees. Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping."
 
Because the landlord did not file a response to their Fair Housing Act complaint or contest the facts in court, it is likely there will not be an appeal of the ruling. An attorney for the couple said that discussions were underway with the landlord regarding a resolution.

 
About the author
Published
Apr 06, 2017
West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations

UAD 3.6 Deadline Is Monday. Are Brokers Ready?

Wholesale lenders have adopted different rules for appraisal transfers, loan product changes, and reporting formats, adding complications for brokers and appraisers ahead of the Nov. 2 mandate

Friday Harbor Expands AI Appraisal Reviews As UAD 3.6 Deadline Nears

The new capability adds more than 350 automated checks as lenders prepare for the November 2 mandate

Oct 27, 2026
The Hidden Cost Of Appraisal Uncertainty

As home equity lending grows, lenders need a better way to resolve conflicting property evidence before it creates costly setbacks