BoatShoes wrote:
It's going to be a tough to get evicted without violating the terms of the lease agreement as not only is a lease an estate in land but a contract and it guarantees the lessee right to possession so long as she doesn't violate the terms of the lease agreement.
NOW, on the other hand, the Civil Rights Act of 1968 barred these particular types of contracts from containing terms related to Race, Gender, National Origin and later children with disabilities...The U.S. doesn't have sexual orientation as a protected class in regards to housing discrimination...Unless of course you live in a state that has added sexual orientation to this list (as FairWood's state has)
So...technically, a landlord under current law (depending on the state) could write as a term in the lease agreement "Don't be a homosexual or you're in violation of the lease" and not break the law. This doesn't likely happen though and I imagine if it did, unless you live below the Mason-Dixon line or in Texas a Judge would probably void the lease on public policy grounds.
So, in short.
It's likely that people who self-identify as homosexual have been and are being denied housing because of their orientation and have not had ample redress...but, I doubt that much evicting, on the grounds of tenants being gay, is happening...BUT, again, suppose there's a really intolerant landlord...I imagine they could find nit picky things to try and say the lease was violated when in substance she just wanted to kick them out cus they were gay...
I mean, landlord's in lubbock texas aren't kicking tenants out into the street saying "get outta here you **!"...but perhaps "Due to a violation of a covenant in our lease agreement, because of persistent disruption of the other tenant's right to quiet enjoyment, the landlord is giving you three days to vacate the premises until he recovers possession"...but really he just doesn't like the thought of two guys kissing on his property
Under the terms of lease law,
it's not legally enforceable to evict or otherwise collect from someone on the basis of violation of the lease if the clause itself is illegal or discriminatory in nature*. When we were looking to move a few months back, I had the joy of having a nice back-and-forth with a leasing agent at a rental office over this very issue; their stance was basically that if it's in the lease, it's open and shut. I happen to know a little something (not a ton, but a little something) about lease law. Needless to say, we didn't go with them.
The obvious issue with trying to evict someone or deny housing on the basis of sexual discrimination is twofold: what it means and how enforceable it really would be.
What it means: Is someone a homosexual on the basis of actions or thoughts? Would a celibate person who has homosexual desires be denied housing on the basis of their thoughts, or would someone who is married and bisexual be denied on the basis of their actions?
How enforceable: Let's say that it's on the basis of actions. It would be basically impossible for a landlord to actually come up with an across-the-board way to prevent homosexual behavior. He can't ban unmarried couples from cohabitating. He can't ban two people of the same sex who are living together and not married. He can't ban people from dropping in to visit a tenant of the same sex. He can't draw up and enforce a "no sleepover" rule. Basically, he'd have to actually catch someone in the act, and then you start getting into an entirely separate issue involving privacy, expectation of privacy, and just cause for entering an occupied rented unit.
What would be possible would be something basic and standard that would be applied to everyone. That would be something along the lines of "no public affection outside the unit and inside the property".
*The overwhelming majority of people won't actually explore their options when it comes to this type of thing. I know of a landlord who collected thousands of dollars from tenants allowing their leases to expire, and he would refuse to refund security deposits on the basis of stupid stuff like "there's a thumbtack hole in the wall". When he tangled with the wrong ex-tenant, they took him to the cleaners in court on that very basis.