HOMOwners
By Josh Aterovis

It's official: We're homeowners. Well, almost official. Our settlement date -- and the big move -- is about a month away, but everything is looking good. It's all happened so quickly my head is still spinning. Our own home...

It's a big step -- but one more and more same-sex couples are taking. According to the 2000 US census, 64% of gay couples owned houses. That's up from 52% in 1990. However, compared to the straight world, that number is still a bit low: 78% of heterosexual married couples own homes.

"Discrimination may be one factor in that, but you could think of other reasons why that might occur," said Gary J. Gates, a research associate at the Population Studies Center of the Urban Institute in Washington, D.C. Gays and lesbians tend to live in more urban areas where housing costs are higher and rental properties are more available.

That's not to discount discrimination. An HRC article on homeownership reports that many gay couples have faced discrimination while shopping for a home -- and Federal law offers no protection. The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination in the sale, rental, financing of, or other housing-related transactions based on race, color, national origin, religion, sex, family status, or disability, but it does not protect against discrimination based on sexual orientation or gender identity.

This discrimination could take several forms. Some couples were turned down for housing simply because they were gay. Others have been told they cannot put both partners' names on a homeowner's insurance policy, which is important to do if both partners share ownership of the home. And still other couples have been discriminated against when filing a claim as some insurance companies have attempted to refuse claims or cancel policies on the grounds that the owners are "unrelated."

While there are no Federal protections, fourteen states and the District of Columbia have passed laws that provide civil rights protections -- including protection from discrimination in housing -- for gay, lesbian, and bisexual people. They are California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Wisconsin. Of those, only California, Minnesota, New Mexico and Rhode Island include protection for transgender people. In addition, there are more than 240 local jurisdictions that prohibit discrimination based on sexual orientation in employment and, in most cases, housing and public accommodations. About 60 of these also prohibit discrimination based on gender identity or expression. Check with your local government for more information.

Even if you're fortunate enough to live in one of these states or municipalities, you may not be protected from all forms of discrimination. For example, while Maryland prohibits discrimination in housing, gay couples still face an unfair transfer and recordation tax. This past legislative session, a bill was passed that would have eliminated what is called the "gay tax" on homeownership by exempting committed same-sex couples from the taxes involved in transferring the title of a home owned by one member of a couple into both members' names. The Republican governor, Robert Ehrlich, vetoed the bill, along with another that would have created a statewide a registry of life partners granting eleven rights dealing with health care and end-of-life arrangements, most of which cannot be achieved through advance directive, power of attorney, or will.

But what if, like Jon and I, you decide to make the leap to homeownership in the face of discrimination. What should you be looking for?

#1: Gay or Gay-friendly Realtor Your first step will be to find a gay or gay-friendly realtor. You want someone who will understand your circumstances and lifestyle. This may be easier than you think, thanks to the services of online referral services like GayRealEstate.com or HomeLounge.com. Our agent, while straight, was not narrow. He treated us like any other young couple searching for their first home.

#2: Your Dream House Once you have a realtor, be sure to tell him or her exactly what you are looking for. Don't be afraid to be specific, but also be realistic. If you have a list of twenty things you're looking for in a house, what are the chances of finding one with all twenty? You may have to decide what you can and can't live without. For instance, Jon and I wanted an older, two-story house with a big backyard for entertaining, preferably in the country. Unfortunately, there wasn't much that fit that description that fell within our price range. When we were shown the house we ended up making an offer on, it was perfect except for the fact that it wasn't in the country. We decided that the gorgeous hardwood floors outweighed the in-town setting.

#3: Location, Location, Location When you find a house you like, be sure to look into the location. Will it be a safe area for a gay couple to live in? Get a crime report from the police department (or online if it's available). Talk to your potential neighbors. Educate yourself about the area. More and more gay couples are moving out of traditionally gay neighborhoods. We were a little wary of the area our house was located in... until we talked to the neighbors. A fifteen minute conversation with the lady next door really eased our minds.

#4: Protection Once you've found the right home in the right neighborhood, don't forget to get the right protections. There is much complicated, additional legal work required to ensure the survivorship rights of both partners in the event of breakup or death. I know, this isn't what you want to be thinking about in the midst of such a joyous occasion, but you need to plan ahead for all possibilities. In addition to certain title provisions, other legal documents may be needed. Be sure to consult an agent experienced in such areas, or find a good attorney knowledgeable in LGBT law.

Now that all that's out of the way, it's time to start planning your housewarming party. Be sure to invite everyone you know. You get more presents that way.

© Josh Aterovis, All Rights Reserved

Article provided by GayLinkContent.com. For more information, contact us at info@gaylinkcontent.com.

Josh Aterovis is the author of the Killian Kendall Mystery Series as well as numerous columns and articles. He can be reached at Aterovis@comcast.net or http://www.steliko.com/bleedinghearts

 

 

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