February 4, 2010
Fair Housing/Equal Opportunity Issue, Housing Committee
Federal Committee
This material is for discussion purposes only and has not been approved
by the Housing Committee, Federal Committee, Executive Committee or the
Board of Directors.
Issue
Should C.A.R., in conjunction with NAR,
“OPPOSE” discrimination based on sexual orientation for equal housing
opportunity?
Action:
Optional
Options:
1. Oppose discrimination based on sexual
orientation for equal housing opportunity.
2. Oppose the inclusion of sexual orientation as a protected category for
equal housing opportunity.
3. Take a “Watch” position
4. Take no action
Background:
Nationally, equal opportunity is
protected on the basis of race, color, religion, gender, disability, family
status and national origin. Twenty states (including California) and
numerous local laws across the country prohibit discrimination on the basis
of sexual orientation. In other states there are no such laws and it
is not illegal to discriminate in the provision of housing and real estate
services based on sexual orientation.
Status/Outlook:
HUD has announced its intention to
issue rules prohibiting discrimination based on sexual orientation in
federally funded housing. No legislation is currently being
considered at the federal level.
Support:
Supporters of this believe that
discrimination based on an individual’s sexual orientation is not only
wrong, but rises to the level of other protected classes, such as race,
gender and religion. In addition, since fair housing practices are
already the norm and California’s Unruh law outlaws discrimination based on
sexual orientation, adding sexual orientation to the list of protections
would require little change in business practices.
Opposition
Opponents may feel this is a state’s
rights issue and is better left to be handled at the state level and not by
the Feds. Other opponents may have a personal bias towards
homosexuals or simply believe it is a lifestyle choice and therefore should
not be a protected class.
C.A.R. Policy:
C.A.R. did not take a position on this
issue when California’s Unruh (Civil Rights Act) law was amended to include
sexual orientation as a protected class.
NAR Policy:
At NAR San Diego Business Meetings, the
NAR BOD voted:
“That existing NAR policy on equal housing opportunity be amended to include opposition to discrimination based on sexual orientation.”
Should C.A.R., in conjunction with NAR, “OPPOSE” discrimination based on sexual orientation for equal housing opportunity?
