A public housing development in San Francisco intended for low-income LGBTQ seniors is facing accusations of discrimination. A resident has filed a complaint with the city's Human Rights Commission, alleging that the project's stated preference for LGBTQ seniors violates civil rights laws, particularly given its taxpayer funding.
The 15-story affordable housing project, located at 1939 Market Street, is slated to provide 187 studio and one-bedroom apartments. Developers have indicated that services managed by the pro-LGBTQ nonprofit Openhouse will be available nearby. Construction is anticipated to begin in late 2026 or early 2027 and is expected to last approximately two years. The project has secured at least $47 million in state funding from the California Department of Housing and Community Development, and the city owns the land, having purchased it in 2020 for $12 million.
The complaint, filed by resident James Carroll, argues that public statements by city officials and developers promoting the project's focus on LGBTQ seniors constitute an admission of illegal preference based on sexual orientation. Carroll cited social media posts by state Sen. Scott Wiener and press releases from Mayor Daniel Lurie, as well as statements from developers Mercy Housing and Openhouse, which he believes indicate such a preference.
"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 stated in his complaint. "This is blatantly illegal." He suggested that if the housing were promoted for heterosexual seniors, the discriminatory nature would be more apparent.
Representatives for the developer have stated that Openhouse and Mercy Housing California are committed to complying with all fair housing laws and that 1939 Market Street will be open to all eligible applicants based on age and income. A spokesperson for the Mayor’s Office of Housing and Community Development acknowledged that space cannot be reserved based on sexuality, and that all leasing will adhere to standard fair housing and lottery requirements. However, the spokesperson also noted that targeted outreach is permissible under the law. This could include outreach specifically within the LGBTQ community or visible design elements like a rainbow stripe on the building, as depicted in renderings.
Carroll contends that the project's promotion still unlawfully favors LGBTQ individuals. The city acquired the land for the project in 2020 for $12 million and is leasing it to Mercy Housing for $15,000 per month under a lease of at least 75 years.