Fair Housing Act

Question 1

Fair Housing Act of 1968 - coverage

Answer 1

prohibits discrimination in the sale or rental of housing and in a wide variety of other housing-related contexts. Key provisions of the Fair Housing Act make it unlawful

(a) [t]o refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin, [or]

(b) [t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.

Question 2

FHA Relief

Answer 2

Damages actual and punitive, atty fees, TRO, injunction.

Question 3

Sabbeth Hypo: Ms. Murphy posts an ad, furnish basement apt. in private white home.
Does this violate the FHA? Which provisions or provisions does it violate?

Answer 3

Exception under §3603(b)(2) called the Ms. Murphy compromise. And discrimination under §3604(c) because she was not allowed to put an ad out.

Question 4

Civil Rights Act of 1866

Answer 4

[Only protects on basis of not being white]

Question 5

Disparate (intentional) Treatment Discrimination (McDonald Douglas Test)

Answer 5

(1) Plaintiff must prove Prima facie case:
1. a member of a racial minority or a protected class;
2. P applied for and was qualified to rent an apartment;
3. P was denied the opportunity to rent or to inspect or negotiate for the rental of a townhouse or apartment; and
the housing opportunity remained available and rented or sold to someone not a part of a protected class.
(2) Burden shifts to D to produce evidence that refusal was based on a legitimate non-racial considerations
(3) Burden shifts back to P to prove why the proffered reasons were pretextual (UNTRUE)

Question 6

Disparate Impact Discrimination

Answer 6

§3604(a) - implied in language “make unavailable”
1) Stage 1 (Prima Facie case): P must prove facially neutral practice has discriminatory impact on protected group or perpetuates segregation.
P Must:
(i)Identify policy or practice of the defendant that is being challenged;
(ii) Show sufficiently large disparity in how policy affects class of persons protected by the FHA compared with others (statistical evidence); and
(iii) Prove that disparity is actually caused by the D’s challenged policy
(2) Stage 2: Defendant must prove challenged practice is necessary to achieve substantial legitimate interests of D
(3) Stage 3: Plaintiff must show D’s stated interests could be served by another practice with less discriminatory effect.

Question 7

Village of Arlington Heights (RULE)

Answer 7

The town refused to rezone and the developer sued, claiming that the failure to rezone had a discriminatory effect on Black residents because they were less likely than white persons to be able to afford single-family homes in the town and that this effect violated the equal protection clause. Only 27 of the town’s 64,000 residents were Black.

Question 8

Asbury v. Brougham (RULE)(black renter w/ white sis-in-law)

Answer 8

Although such statistical data is relevant to rebutting a claim of discrimination, statistical data is not dispositive of a claim of intentional discrimination. Moreover, there was other evidence from which the jury could have determined that race was a motivating factor in defendants’ decision to refuse to negotiate with Asbury for a rental unit. (P PROVED HER CASE)

Question 9

Quigley v. Winter (RULE) (sleazy landlord)

Answer 9

3 independent Theories of Sexual Harassment:
- Hostile environment
Courts now recognize this is discrimination “against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or the provision of services or facilities in connection therewith, because of … [sex or other protected status]” 42 U.S.C. § 3604(b)
But harassment must be sufficiently severe or pervasive to count.

• Quid Pro Quo (exchange, this for that): e.g., “You need to do something for me if you want me to renew your lease at this price” § 3604(b)
• Interference, Coercion, Intimidation ( § 3617)

Question 10

Janush v. Charity Housing (RULE) (service animals)

Answer 10

Federal law requires reasonable accommodations in rules, policies, practices, or services for disabled persons to ensure equal opportunity to use and enjoy a dwelling, including the potential duty to accommodate non-service animals.

Question 11

FHA & Reasonable Accommodation of Disabilities

Answer 11

Plaintiff’s Prima Facie Case:
1. P is disabled;
2. D knew or should have known of the disability;
3. Accommodation of the disability may be necessary to afford plaintiff an equal opportunity to use and enjoy the dwelling; and
4. Defendants refused to make the accommodation.

Defendant can argue accommodation is not reasonable because
it would impose an undue financial or administration burden or require fundamental alteration in the nature of a program or policy.