Special issues: Fair Housing Act

Question 1

Protected traits

Answer 1

The Fair Housing Act prohibits certain discrimination on the basis of race, color, religion, national origin, sex, disability, or family status.

Question 2

Main exemptions

Answer 2

Generally, the Fair Housing Act does not apply to:

(1) Single-family housing sold or rented without a broker;
(2) Owner-occupied buildings with four or fewer living units (“Ms. Murphy’s Boarding House” exception); or
(3) Religious organizations and private clubs.

But the ban on stating a discriminatory preference in an advertisement does apply—except to religious organizations and private clubs.

Question 3

Prohibited conduct

Answer 3

Under the Fair Housing Act, it is illegal to take the following actions on the basis of a protected trait:

(1) Refusing to rent, sell, or finance a dwelling;
(2) Requiring different rents;
(3) Falsely denying that a unit is available;
(4) Providing different services to facilities—except when making reasonable accommodations for a disabled tenant;
(5) In an advertisement, stating a discriminatory preference.

Question 4

Intent

Answer 4

The Fair Housing Act allows both intent (disparate treatment) and effect (disparate impact) cases.

Question 5

Protected traits: familial status

Answer 5

Familial status refers to families with a pregnancy or with children under eighteen.

Senior living facilities are exempted from the prohibition of discrimination on the basis of familial status.

Question 6

Protected traits: disability

Answer 6

The Fair Housing Act’s disability provision mandates reasonable accommodations.

Although providing different services to facilities would otherwise be discrimination, it is not if done so for purposes of making reasonable accommodations for a disabled tenant.

Question 7

Causation

Answer 7

To sustain a Fair Housing Act claim, the plaintiff must prove that the prohibited behavior was linked to a protected basis.