Gay Couple Discriminated Against in Housing - Now What?

I hear it often - a gay couple believes they were discriminated against by a landlord who refused to rent them an apartment because they were a same sex couple. These cases can sometimes be hard to prove. But by testing the landlord you can often establish at least a modicum of evidence to help support any legal action you may bring for the discrimination.

Testing the landlord means that someone else tries to rent an apartment you and your partner were denied. They should seek the same apartment, under the same terms, to satisfy the but/for test which equates to the fact that you would have been able to rent the apartment if you were not gay.

To conduct the test you would send a straight couple with many of your characteristics (income, age, color, race, etc.) to apply for the apartment. Then make note of how the landlord responds.

You should conduct this test as soon as possible; this will prevent the defendant landlord from arguing that there was a change in her terms due to some outside or other circumstances.

With results in hand, even tested perhaps more than once, you should have an easier time convincing a commission, or even jury, of your belief that you were discriminated against.