We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • June 17, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • June 17, 2025
FHC Logo.webp
  • Archives
  • Protected Classes
    • All Protected Classes
    • Disability
    • Familial Status/Age
    • Race/Color/National Origin
    • Religion
    • Sex/Sexual Orientation
    • Other Classes
  • Management Issues
    • Accommodations
    • Advertising/Applications
    • Complaints/Investigations
    • Employees/Contractors
    • Eviction
    • Leasing
    • Other Issues
  • eAlerts
    • Cases and Settlements
    • HUD News
    • Reports & Studies
    • Other
  • Resources
    • Fair Housing Coach Resources
Free Issue
The Habitat Group Logo
June 17, 2025
  • Log In
  • Log Out
  • My Account
Home » COACH’s Pop Quiz!

COACH’s Pop Quiz!

Jul 24, 2012

Q: Even though federal fair housing law doesn’t ban discrimination based on sexual orientation, a community could face a fair housing complaint if it treats applicants or residents differently because of their sexual orientation. True or false?

A: True. Federal fair housing law doesn’t protect sexual orientation, but communities could be liable for treating applicants and residents differently based on sexual orientation under applicable state or local law. Furthermore, HUD has adopted rules banning housing discrimination based on sexual orientation and gender identity in public and federally assisted housing.

Q: Under state or local law, a community cannot be liable for housing discrimination based on sexual orientation unless the applicant or resident is gay, lesbian, or bisexual. True or false?

A: False. Liability under state and local laws protecting sexual orientation isn’t limited to discrimination against applicants or residents who are gay, lesbian, or bisexual. Many state and local laws also protect both sexual orientation and gender identity/expression. In addition, those laws generally ban discrimination based on actual or perceived sexual orientation, so a community could be liable under state or local law for discriminating against an applicant based on a mistaken belief about his or her sexual orientation.

Q: A male resident has reported that your maintenance man has been sexually harassing him. Your community could be liable for sexual harassment if you fail to take appropriate action to investigate and resolve the complaint. True or false?

A: True. Federal fair housing law protects both men and women from sex discrimination, including same-sex sexual harassment. Whether motivated by sexual desire or by hostility toward a particular gender, sexual harassment is unlawful—even if the harasser and the victim are of the same sex.

COACH’s Tip: There has been a great deal of recent political and legal activity surrounding the issue of sexual orientation and gender identity—notably, President Obama’s declaration of support for same-sex marriage this past June. For a review of these developments and what they mean for multifamily housing communities, see our recent “Special Issue: Legal Update on Sexual Orientation, Gender Identity, and Same-Sex Marriage,” available on our homepage.

Other
    • Related Articles

      COACH's Pop Quiz!

      COACH's Pop Quiz!

      COACH’s Pop Quiz!

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
      • Terms of Use
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing