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Morning Sentinel
Gay men win round vs.
landlord
By JOEL ELLIOTT,
morningsentinal.maintoday.com from the Web, September 19, 2007
WILTON -- Two men will test
the strength of Maine's human rights law and the merits of their own case after
losing their housing, allegedly because of their sexual orientation.
The case represents the first in which the rights panel found reasonable grounds
to support a housing discrimination claim based on sexual orientation since the
state's gay rights law went into effect in January 2006.
Patricia Ryan, the executive director of the Maine Human Rights Commission, said
it is illegal for landlords to ask about tenants' sexual orientation.
"The (commission's) decision was based on unlawful inquiry being made," Ryan
said. "A landlord cannot inquire about sexual orientation or disability or
race or religion about any prospective tenant."
In a split decision, the commission decided to back the case of the two men,
Kenneth Bustin and Marc Bernier of Wilton, because members decided the case had
at least even chances of succeeding in court, according to court filings.
The commission found that there were no reasonable grounds to believe that the
landlord, Helen Caton of Wilton, had discriminated against the men in connection
with their sexuality in ending their lease.
However, the commission did find reasonable grounds to believe that Caton had
discriminated against the men by inquiring about the nature of their
relationship.
Caton told the commission that it didn't matter to her about the men's sexual
orientation. But Bustin said the disclosure was telling.
"When you ask that question, it's because you're interested in the answer,"
Bustin told the commissioners on Monday.
Caton ended the men's lease on March 25, the same day she saw Bustin moving in
some furniture. She denies that her decision had anything to do with the
men's sexual orientation, but rather said that she feared the tenants would not
take proper care of her house which she intended to sell.
According to statements Caton made in court filings, Bustin "left damaging
scratches in her wooden floor," and the furniture itself was "full of cat hair
and smelling of cat urine."
The men denied that the furniture smelled of cat urine.
Bustin asked whether there was anything he could do to fix the scratches, but
Caton declined, saying that the damage would cost more than the $850 deposit he
had made.
Her attorney, Ron Aseltine, says there was no discrimination.
"We disagree with the finding," Aseltine said. "The decision of the Human
Rights Commission was a split decision, and we agree with part of it and we
disagree with part of it."
The complaint now proceeds to mediation. If that fails, the case can
proceed to Superior Court, where a final settlement could include monetary
damages.
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