Selection of Tenants

Question 1

Civil Rights Act of 1866

Answer 1

i. Only protects against race & nat’l origin
ii. Applies to both commercial and residential deals
iii. NO EXCEPTIONS
iv. Intentional—must prove that discrimination was Intentional = a higher burden of proof

Question 2

Fair Housing Act (FHA)

Answer 2

applied only to residential homes protected classes
Race,
color,
sex,
national origin,
familial status (children),
handicap (must make reasonable accommodations)

Question 3

What is is discrimination?

Answer 3

▪ Refusal
▪ Different conditions for different races
▪ Ads (media outlet is liable also) - exception does not apply to ads

Question 4

Burden of proof for FHA

Answer 4

PLAINTIFF must prove (1) disparate treatment (2) and that you’re within a protected group

Question 5

Exceptions to FHA

Answer 5

(1) Single family home sold or rented by an owner (no broker) if that owner does not own more than three single family houses at one time – and no ad
(2) Mrs. Murphy exemption: rooms or units in dwellings (i.e. apartment) occupied by less than four families living independently of each other (including owner)