PGHIMC - Pittsburgh Independent Media Center

Program Specialist
by Mary Vodde-Hamilton Friday, Jan. 09, 2004 at 9:17 AM
mary@pittsburghfairhousing.org 412-391-2535 7 Wood St. Ste 602 Pgh, PA 15222

Housing Discrimination based on sexual orientation/gender identity

Most landlords do not care if a tenant is gay, lesbian, bisexual or transgendered�as long as they pay the rent and take care of the property. Some landlords, however, do discriminate against tenants based on sexual orientation.
Unfortunately , The Federal Fair Housing Act and the Pennsylvania Human Relations Act do not yet protect gays, lesbians, bisexuals or transgendered individuals against discrimination by housing providers. The Pittsburgh City Code (Chapters 651-659) , however, does provide protection against housing discrimination based on: sexual orientation; perceived , assumed or presumed gender; and completed or ongoing change of gender identification.

Thus, in the City of Pittsburgh it is illegal , based on a tenant�s sexual orientation and/or gender identification, for a housing provider to: refuse to rent or sell housing; refuse to negotiate for housing; make housing unavailable; deny that housing is available; set different terms, conditions or privileges for the sale or rental of housing; advertise that housing is not available to gay, lesbian, bisexual or transgendered individuals; threaten, coerce or intimidate anyone exercising a fair housing right or threaten, coerce or intimidate anyone assisting others in exercising those rights.

So if you encounter this type of discrimination in Pittsburgh, you should immediately call the Fair Housing Partnership. Our staff will assist you , including working to gather supporting evidence for your claim.

One way of gathering evidence in support of housing discrimination claims is through fair housing testing. Testing evidence involves FHP sending trained �testers� to apply for the apartment. Tests are typically paired, with one tester revealing that they are gay, lesbian, bisexual or transgendered (depending on the situation) and the other tester presenting as heterosexual.
Our attorney will represent you in litigation if you choose to pursue your claim, and all services of FHP are free of charge. Violations of the Pittsburgh City Code, however, must be filed within one year of the date that the discrimination occurred.

What should you do when you encounter sexual orientation and gender identity discrimination in housing outside Pittsburgh?

Outside of the City of Pittsburgh, it is far more difficult to fight housing discrimination based on sexual orientation and/or gender identity. Like all types of housing discrimination, however, discrimination against gay, lesbian, bisexual and transgendered individuals falls into one of two broad categories: discrimination that keeps you out of the housing and discrimination that occurs in the home where you live.

When sexual orientation/identity discrimination occurs at the application stage outside of Pittsburgh, there's not much you can do to secure the housing aside from trying to reason with the landlord. For long-term benefit, however, we suggest that you notify Stephen Glassman (717-787-4410) at the Pennsylvania Human Relations Commission, who is spearheading an effort to have sexual orientation and gender identity included in the state human relations act. You might also want to report the incident to HUD's Assistant Secretary for Fair Housing and Equal Opportunity Carolyn Y. Peoples (202-708-4252) in hopes that sexual orientation and gender identity may someday be added as protected categories under the Federal Law.

However, if your landlord discriminates based on sexual orientation or gender identity after you are living in the home, you may be able to utilize the protections of landlord�tenant law.


Under landlord-tenant law, you cannot be evicted during your lease term unless you have violated the lease. Most leases do not specify who you can sleep with, what type of surgery you can have or what clothing and make up you can wear. Since Pennsylvania does not have anti-sodomy and fornication laws, there is no illegal action on which the landlord can base the eviction. So, as long as your lease has no clause prohibiting these behaviors, a landlord who attempts to evict you solely on the grounds of your sexual orientation or gender identity would have a hard time succeeding.

Tenants outside of Pittsburgh with a month-to-month lease, however, may be in greater danger of eviction. In a month-to-month lease, a landlord may terminate your lease without cause, by simply giving you 30 days notice. There is little you can do.

Whether inside the city or elsewhere in the state, however, if you feel you have been discriminated against in housing or housing-related services based on your sexual orientation or gender identity, you should call our office to discuss it. Our staff will review your case and determine if there is recourse for you.

Our office hours are Monday through Friday from 9:00 a.m. until 5:00 p.m., but you can leave a message for us at any time.

CALL FHP AT: 412-391-2535

pittsburghfairhousing.org

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