Discrimination and Choice of Law

Question 1

FHA prohibits discrimination in what actions?

Answer 1

1. Sale
2. Rental
3. Financing
4. Advertising

Question 2

Two exemptions from FHA

Answer 2

1. single family housing that is sold or rented without a broker
2. owner-occupied buildings with 4 or less units (Ms. Murphy’s boarding house)

NO EXEMPTIONS for advertising

Question 3

What traits are protected?

Answer 3

Race, color, religion, national origin, sex, disability, and FAMILY STATUS

Sex = gender discrimination, NOT sexual orientation

Question 4

What actions are prohibited?

Answer 4

1. refusing to rent/sell/finance
2. requiring different rents
3. falsely denying a unit is available
4. providing different services/access (unless a RA)
5. stating a discriminatory preference in an add

Question 5

What does a Plaintiff have to show in a RHA case?

Answer 5

1. disparate impact or disparate treatment

2. LINKED to a protected trait (causation)

Question 6

Basic COL rule

Answer 6

Law of the situs - where the property is located