Q: Neighbors with young children complain about a lesbian tenant’s holding hands with her significant other in the lobby and other common areas of the building. What would you advise the landlord to do?  

a.         Ban the lesbian tenant from being in public areas when kids are present

b.         Discreetly and politely ask the lesbian tenant if she’d mind not engaging in public displays of affection in public areas

c.          Ban all displays of public affection in the public areas 

Scroll down for the Answer …

A: As a landlord, you have the right to set rules of behavior and use of building common areas and facilities. But those rules must be reasonable and nondiscriminatory. A rule banning public displays of affection is defensible, as long as it applies to all persons, and not just persons of a particular sexual orientation or other protected characteristic. So, c. is the right answer. 

Wrong answers explained: 

a.         The reason a. is wrong is that it denies the lesbian tenant access to building public areas on the basis of sexual orientation. The fact that the ban is designed to protect children and limited to hours in which they’re present in the public areas doesn’t make the rule any less discriminatory. 

b.         At first blush, b. feels a little more acceptable because you’re asking and not demanding that the lesbian tenant refrain from public displays of affection. But because that request singles out the tenant on the basis of her lesbian sexuality, it’s discriminatory regardless of how politely and discreetly you phrase it.

In honor of Pride Month, our June lesson focuses on LGBTQ+ Discrimination & the 9 Things to Do to Prevent It.