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LGBT and Roommates.com - Do they really matter?

LGBT and Roommates.com - Do they really matter?

Well, the past several days have been interesting for those of us who follow fair housing issues.  Some big decisions were made, one by HUD and one by the courts.  I geared up to write some really pithy and eloquent material for my various postings and articles.  I wanted to give tons of helpful information to those of you in property management.  And then I came to the realization that things really should not change much for you.  Here’s why:

  1. Effective March 1st, HUD-funded housing, or housing financed by HUD, must be available without regard to what you know or think is someone’s sexual orientation, gender identity or marital status.  So as long as you have not been considering these factors previously (and why, pray tell, would you have been?) then nothing changes for you.  Then again, if you do have your prejudices as to the LGBT community and you work at a HUD property, it would be very wise to keep those prejudices to yourself and not act on them.  And where HUD goeth, can conventional housing be far behind?  Remember that only 3 things define a good resident – appropriate income, ability to maintain the apartment, ability to comply with your reasonable rules.  Just about everything else is irrelevant.

  2. The Roommates.com case (where fair housing folks sued the website for including forms where roommates indicated preferences related to protected classes) was heard at the appellate level and now Roommates.com is the victor.  In the opinion there is lots of juicy* (sometimes boring) analysis of standing to sue, Constitutional issues, previous legislative intent (have I bored you yet?) that will have lawyers and others agonizing and strategizing.  But you – it was never your job to get involved in roommate selections (short of making sure everyone who moves in is vetted and on the lease); nothing really changes in your day-to-day life.

I actually do not live your day-to-day life, so if I have missed some significant impact on your working lives that these “headline” matters will have, then weigh in (that is, after all, the purpose of blogs – we can all share).  In the meantime, really, it is business as usual.

*Great comment from the opinion: An orthodox Jew may want a roommate with similar beliefs and dietary restrictions, so he won’t have to worry about finding honey-baked ham in the refrigerator next to the potato latkes.

 
This comment was minimized by the moderator on the site

As usual, Nadeen, great feedback -- and wit -- on the subject of Fair Housing. And I couldn't agree with you more -- why, indeed?

  Judy Bellack
This comment was minimized by the moderator on the site

Nadeen: great info. Do you have a cite for the fair housing appellate decision?

  Michael Semko
This comment was minimized by the moderator on the site

Michael, here you go:

FAIR HOUSING COUNCIL OF SAN
FERNANDO VALLEY; THE FAIR
HOUSING COUNCIL OF SAN DIEGO,
Plaintiffs-Appellees-Cross-
Appellants, No. 09-55969
and D.C. No.
FAIR HOUSING COUNCIL OF SAN
2:03-cv-09386-
GABRIEL VALLEY, PA-RZ
Plaintiff, OPINION
v.
ROOMMATE.COM, LLC,
Defendant-Appellant-Cross-
Appellee.

Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Argued and Submitted
July 14, 2011—Pasadena, California
Filed February 2, 2012
Before: Alex Kozinski, Chief Judge, Stephen Reinhardt

  Green Nadeen
This comment was minimized by the moderator on the site

GREAT news on the Roommates.com case. Unless I was mistaken, this was a ridiculous issue to begin with, using Fair Housing guidelines on individuals looking for a roommmate.

  Brent Williams

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