A San Francisco public housing development praised by elected officials is being accused of discrimination for appearing to preference LGBTQ seniors — according to a complaint filed by a concerned resident who called the plan “blatantly illegal.”
The 15-story affordable housing project located on 1939 Market Street would offer 187 studios and one-bedroom apartments for low-income LGBTQ seniors, developers have said, “with climate-conscious design and transit access.”
Services run by Openhouse, a pro-LGBTQ nonprofit, will be nearby.
Construction is expected to start late this year or early 2027 and last around two years.
The housing proposal has at least $47 million in state funding from the California Department of Housing and Community Development, and the city owns the land. The city bought the lot in 2020 for $12 million and is leasing it to Mercy at $15,000 a month for at least 75 years.
Resident James Carroll, however, suggested that the taxpayer-funded development’s expressed preference for LGBTQ seniors may run afoul of anti-discrimination laws.
In his complaint shared with The California Post, Carroll demanded developers and elected officials correct their language promoting the project and asked for an investigation over whether sexual orientation is an eligibility requirement.
“I will not tolerate discriminatory housing, particularly if I am paying for it with my tax dollars,” Carroll said.
The complaint, filed with San Francisco’s Human Rights Commission, noted several past instances where officials have praised the project for helping queer elders.
It flagged a July post by state Sen. Scott Wiener that the project would “focus on LGBTQ seniors.” It noted a press release by Mayor Daniel Lurie stating that the homes were specifically “designed to serve [them].” It flagged multiple quotes by developer Mercy Housing and Openhouse indicating a preference for that demographic.
“Any reasonable person would interpret this as an admission that this housing provider has a preference for who will—and who will not—live in this building based on sexual orientation,” Carroll said. “This is blatantly illegal.”
“If you don’t see why, try to imagine if the mayor’s office had said this housing were for heterosexual seniors.”
The Post reached out to Wiener, the mayor and city board of supervisors for comment.
A staffer for the developer told Carroll in an email that “Openhouse and Mercy Housing California are committed to full compliance with all applicable fair housing laws, and 1939 Market is open to all age- and income-eligible applicants.”
The Mayor’s Office of Housing and Community Development had acknowledged in April it cannot reserve space for seniors based on sexuality.
“Neither the city nor the developer can consider sexual orientation or gender identity in leasing,” MOHCD spokesperson Anne Stanley told The Frisc, adding “all leasing will follow standard fair-housing and lottery requirements.”
But the spokesperson also said “targeted outreach is allowed” under the law.
That could include anything from spreading the word to the queer community to the giant rainbow on the side of the building as shown in renderings of the place.
Caroll claims the promotion of the project still unlawfully preferences LGBTQ people over others.
“They’ve already broken the law by indicating their preference based on sexual orientation,” he said.
