Landloards And Trans-Tenants

I came across this LA Times article about the duties and responsibilities of a landlord with a transgender tenant.

Question: I have been renting an apartment to a man named Michael, who recently asked me to start calling him Michelle because, he says, he now identifies as a woman. He has also started wearing makeup and women's clothing.

Both the name change and the change in dress make me uncomfortable, and I'm worried that it may make my other tenants want to leave. At least one of the other tenants has commented about the "freak" in Apartment 201 and has asked me if the "freak" has any plans to move out.

Michael has been an otherwise good tenant for several years. I don't really want to terminate his tenancy, but I don't think I should be forced to call him anything but the name he listed on his rental application. I also don't want him to stay if his behavior will provoke the other tenants. What am I allowed to do?

Answer: The applicable fair housing laws prohibit discrimination based on gender, which includes gender identity. As a landlord, you are obligated to treat each prospective or current tenant the same, without regard to their gender or gender identity.

This tenant must be called Michelle, regardless of the name she initially listed on her rental application and regardless of how you personally feel about her gender identity. If you continuously and intentionally call her by the name and pronoun that does not correspond to her gender identity, you may be liable for gender discrimination and unlawful harassment.

Here in Connecticut this is also true, our non-discrimination statute covers public accommodation which includes housing. In addition, HUD-funded housing, including rental and homeownership programs as well as FHA-insured home loans also is covered by HUD non-discrimination policies…

HUD SECRETARY DONOVAN ANNOUNCES NEW REGULATIONS TO ENSURE EQUAL ACCESS

TO HOUSING FOR ALL AMERICANS REGARDLESS OF SEXUAL ORIENTATION OR GENDER IDENTITY

New regulations, published as final in the Federal Register next week, will go into effect in 30 days

WASHINGTON – U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan announced today new regulations intended to ensure that HUD's core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity. Donovan previewed the announcement at the 24th National Conference on Lesbian, Gay, Bisexual and Transgender (LGBT) Equality – Creating Change. View the final rule here.

“The Obama Administration has viewed the fight for equality on behalf of the LGBT community as a priority and I’m proud that HUD has been a leader in that fight,” said Secretary Shaun Donovan. “With this historic rule, the Administration is saying you cannot use taxpayer dollars to prevent Americans from choosing where they want live on the basis sexual orientation or gender identity – ensuring that HUD’s housing programs are open, not to some, not to most, but to all.”

The new regulations, published as final in the Federal Register next week, will go into effect 30 days after the rule is published.

So even if your state does not have a gender inclusive anti-discrimination law, you may be covered by the HUD policy.