Housing Development Bars Gay Couples

[ccharles000]

http://www.365gay.com/Newscon08/07/071608home.htm

(Orlando, Florida) The tidy palm lined streets and affordable homes of the Rybolt Reserve subdivision in suburban Orlando have become popular with middle class homebuyers and speculators but if you are a gay or unmarried opposite-sex couple the Homeowners Association has a message - don't bother to try to rent here according to some property owners.

Several owners say they have been told by the Association they cannot rent their properties in the East Orange County subdivision to couples who are not legally married or to same-sex pairs.

"The Homeowner's Association is totally out of control," Suzane Musashe, who leases homes in the subdivision for investors, told WFTV.
"I feel like I am back in the 60's because there is such discrimination going on," Musashe told the station.

[HCE SuiGeneris]

1. They are in violation of Federal statutes.

" Sec. 804. <42 U.S.C. 3604> Discrimination in sale or rental of housing and other prohibited practices

As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful--

(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin."

http://www.usdoj.gov/crt/housing/title8.htm

[HCE SuiGeneris]

2. Penalties

(3) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent--

(A) in an amount not exceeding $11,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(B) in an amount not exceeding $27,500 if the respondent has been adjudged to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and

(C) in an amount not exceeding $55,000 if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this charge;

[mrreowwr_kittty]

7. There ya go. Hope they get their asses sued off. nt

[patriotvoice]

8. I don't believe they are violating the Federal Fair Housing Law.

An argument could be made about denying because of sex, but that would probably fail because they're not categorically excluding one sex. That is, there is a legal distinction made between discriminating with "men only" and "no gay couples".

An argument could be made about denying because of familial status, but that would probably fail because the familial status case law refers to children under the age of 18 living in the household. A decent link defining the cases supported by case law is at: http://landlordtenantinfo.org/Download/bala/families.pdf

For these reasons, we need a new legal clause specifically covering human relationships of all types.

On edit: To clarify, I believe they are violating the spirit of the law, but not the letter of the law. I find that 'loophole' to be despicable.

[Political Heretic]

19. Where's the part that says sexual orientation?

I'm pretty sure discrimination law doesn't cover this.

[Ian David]

21. Is that the "My goodness.... he's black" statute? n/t

[Posteritatis]

3. Do homeowners' associations have any actual legal authority there? (nt)

[HCE SuiGeneris]

4. They cannot be in violation of Federal Laws.

[patriotvoice]

10. Yes, they do, because the HOA controls the terms of the lease or mortgage.

I already despise HOA on principle; I am revolted by those who so blatantly offend the human condition.

[aspergris]

5. blatantly illegal

as the other poster noted.

Also complete #$(#$(#$(#(!!!

[mrreowwr_kittty]

6. Yeah, because the housing market in FL is soooo great they can affort to be choosy

Morans.

I don't see how this can be legal. You can't discriminate against families with children in non-retirement communities so you shouldn't be able to refuse housing to anyone because of their marital situation.

[KansDem]

9. I had roommates when I was in college...

...cannot rent their properties in the East Orange County subdivision to couples who are not legally married or to same-sex pairs.

So Dan and I, or Larry and I, or Ron and I, couldn't have rented a house here?

[patriotvoice]

11. The key word is "couple."

If you are "roommates," they'll rent to you. If they catch you holding hands, they'll evict.

[KansDem]

15. What if they practiced "preemptive eviction?"

I mean, this is BushCo America. If the landlords thought that Dan or Larry or Ron and I might hold hands, then they could kick in our door in the middle of the night and cast us out into the street!
:scared:

[dsc]

12. North Carolina actually bans unmarried couples from living together at all

a deputy got fired for it recently.

[ccharles000]

13. Wow I did not know that.

Thank god I am leaving in a few years hopefully.

[dsc]

14. actually we are safe

only opposite gender unmarried couples are forbidden. I think the law might have been overturned as part of that suit but am not sure.

[ccharles000]

16. ...

Even so I am still moving one day.

[knitter4democracy]

17. Another place I would never live.

I don't want those kinds of crazy people in charge of the HOA. Our HOA is down to one guy, and he's pretty laid back about everything.

Why should they care who rents? If they're a couple, aren't they just as stable as a married couple? Married couples are just as likely to break up.

[HockeyMom]

18. Suppose

We own the condo and have a daughter who is a lesbian. We want to let our daughter stay/rent at the condo with her SO, while we live elsewhere.

Since we own the condo and the person staying there is our blood relative, the association would have no case.

[DebJ]

20. It is becoming more and more difficult for me to believe that

Florida is actually a part of the United States. I guess Spain wouldn't want it back either.