Antidiscrimination Law

Fair Housing Act claim available for racial harassment by one owner against another but no claim against the homeowners association itself even though the harassers were president of the HOA

When an African American couple bought property and were subject to taunts and told they were unwelcome by other owners, they had claims against those owners under the Fair Housing Act both by “making housing unavailable” under 42 U.S.C. §3604(a), and “interfering” with others in the “enjoyment of… right[s] granted by [the Fair Housing Act].” Watters v. Homeowners’ Ass’n at the Preserve at Bridgewater, 48 F.4th779 (7th Cir. 2022). However, even... Read more about Fair Housing Act claim available for racial harassment by one owner against another but no claim against the homeowners association itself even though the harassers were president of the HOA

Broker remarks to prospective tenant that landlord might object to housing voucher approval process violate state law that prohibits statements that indicate a preference to refuse to rent to such tenants

The Supreme Court of Connecticut has held that it violates state statutes that prohibit discrimination against housing voucher recipients to indicate a preference not to rent to tenants whose rental payments are subsidized by government. Lopez v. William Raveis Real Est. Inc., 272 A.3d 150 (Conn. 2022). While there was no statement of an intent to discriminate, the state law does not require proof of intent; rather it prohibits making any statement that indicates a preference not to rent to someone because... Read more about Broker remarks to prospective tenant that landlord might object to housing voucher approval process violate state law that prohibits statements that indicate a preference to refuse to rent to such tenants

Conflicting rulings on whether testers have standing under the Americans with Disabilities Act (ADA)

The First Circuit has held that a tester may bring a lawsuit against a hotel for an inaccessible website even if the tester never had an intention of booking a room at the hotel. Laufer v. Acheson Hotels, LLC., 50 F.4th 259 (1st Cir. 2022). The Eleventh Circuit agrees, Laufer v. Arpan LLC, 29 F.4th 1268 (11th Cir. 2022), but the Second, Fifth, and Tenth Circuits... Read more about Conflicting rulings on whether testers have standing under the Americans with Disabilities Act (ADA)

Washington Supreme Court holds racial covenants in public records must be retained but can be marked void

Construing a state statute, Wash. Stat. §49.60.227, the Washington Supreme Court held that racial covenants cannot be completely excised from public records. The court determined that the statute allowed a court order to be filed with the recorded title voiding the covenant but did not authorize excising the covenant from the public records entirely. This result occurred despite the fact that the statute provided that courts should “strik[e] the void provisions from the public records.” Wash. Stat. §49.60.227(1)(b). The statute did provide that the original record “shall be separately... Read more about Washington Supreme Court holds racial covenants in public records must be retained but can be marked void

Probation on discriminating against Section 8 recipients does not violate due process

The Minnesota Supreme Court has held that a state statute that prohibits landlords from refusing to rent to housing voucher (Section 8) recipients does not violate the due process or equal protection clauses of the Minnesota Constitution. Fletcher Properties, Inc. v. City of Minneapolis, 947 N.W.2d 1 (Minn. 2020). While federal law does not require landlords to rent to...

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Federal court rejects claim for religious or speech exemption from state public accommodations law for wedding photographer

A federal judge for the Western District of New York has ruled that the state public accommodations statute can be applied to a wedding photographer who refused to provide services for same-sex couples. Carpenter v. James, 2021 WL 5879090 (W.D.N.Y. 2021). On the speech claim, the court assumed that the law compelled speech on the part of the photographer but held that...

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Sexual harassment of tenant by property manager violates Fair Housing Act

The Eleventh Circuit joins other courts that have held that sexual harassment by a landlord (or an agent of the landlord) can constitute sex discrimination in violation of the Fair Housing Act, 42 U.S.C. §3601 to §3613 if the behavior would not have occurred but for the tenant's sex.

This formulation has been adopted by other courts, see United States v. Hurt, 676 F.3d 649 (9th Cir. 2012), Quigley v. Winter, 598 F.3d 938 (8th Cir. 2010), and suggests that a landlord that sexually harasses both men and women would not be liable for engaging in sex discrimination — a result that...

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Two customers of hotel awarded $475,000 each for denial of equal services under West Virginia state public accommodation law

Erik Taylor and James Turner sought long term rentals at a hotel to work on a local pipeline project in West Virginia. When Taylor called the hotel to inquire about long term apartment rooms, he was told they were available, only to be told the opposite by manager Cindy Kay Adams when he arrived. She falsely told him that there was a waiting list for those rooms...

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