A Colorado same-sex couple, one of whom is transgender, is taking their housing discrimination case to federal court. The couple, along with their two young children, were denied a rental because the property owner worried their “uniqueness” would harm her standing in the community.
Tonya and Rachel Smith have been married for more than five years and have two children, ages six and two, says Lambda Legal, which is handling their case. Here’s what happened to them:
In early 2015, Tonya and Rachel were looking to find a new home for their young family. In April, they located a two-bedroom duplex in the community of Gold Hill, Colorado, that seemed to meet all of their needs — affordable, lots of outdoor space where their children could play, and near a small, high quality public school. After meeting the landlord, Deepika Avanti, and touring both that unit and a three-bedroom unit on the same property, Tonya and Rachel believed they had located their ideal house.
However, within hours, Avanti emailed Tonya and Rachel and informed them she would not be renting either unit to them, because she thought their “unique relationship” would become the focus of discussion in town and would harm her position in the community. She added that she had kept a low profile for 30 years, but that would no longer be possible if she rented to them due to Tonya and Rachel’s “uniqueness.”
Their lawsuit, filed yesterday in the U.S. District Court for the District of Colorado, asserts that Avanti engaged in discrimination on the basis of sex and familial status, in violation of the federal Fair Housing Act and Colorado Anti-Discrimination Act, and that she discriminated against the couple on the basis of sexual orientation and transgender status, in violation of the Colorado Anti-Discrimination Act.
Best of luck to the Smiths in their case and in finding a home that meets the needs of their family—and a neighborhood that welcomes them.
