Final answer:
Yes, evicting a gay man because of a belief that he will infect others with HIV/AIDS would violate the Fair Housing Act's prohibition against disability discrimination, which includes protections for those with or perceived to have HIV/AIDS.
Step-by-step explanation:
If a gay man is evicted because the landlord believes he will infect other tenants with HIV/AIDS, it would violate the Fair Housing Act's prohibition against disability discrimination. The Americans with Disabilities Act (ADA) of 1990 states that people may not be discriminated against due to the nature of their disability, which includes HIV/AIDS as a protected category. Furthermore, since the Fair Housing Act of 1968 also prohibits discrimination in the sale or rental of housing, evicting someone based on a perceived disability related to HIV/AIDS would not be allowed under this federal law.
Despite the challenges the LGBTQ community faces, including hate crimes and legal uncertainties, the legal and political climate has evolved over time to offer more protections. This includes the Ryan White Comprehensive AIDS Resource Emergency (CARE) Act, which funded services for those with HIV, and legal precedents that have supported the rights of same-sex couples in housing situations.
In the context of the question, the eviction based on HIV/AIDS perception is a clear case of discrimination that the ADA and Fair Housing Act are designed to protect against. Therefore, the correct answer would be, Yes, because the FHA includes discrimination against people who have or are perceived to have HIV/AIDS.