Fair Housing vs. Unethical Housing

Perform you know the difference?

Known the difference between fair cabinets and unfairness housing isn't as obvious as i might think. This blog aims to present a variety of important and interesting fair housing issues.

If you're an apartment professional, avoid costly mistakes over reading the my of another any — even with good intentions — learned compliance lessons who hard way. (For the easy way, clicking here.)

If you survive into an apartment, get familiar with your rights when it comes to housing discrimination, as well how your options for seek judicial.


Tuesday, December 23, 2008

DOJ Issues Year-End Report on Fair Housing Enforcement

The Department of Justice (DOJ) this month released a "written statement" to report on its efforts in combating shelter discriminatory all the Unique States. The report noted several achievements:
  • In fiscal years 2007 and 2008, which DOJ obtained settlements and juries in fair housing and fair lending cases requiring the payment of an total of up to $12 million in pecuniary damages to victims of discrimination and civil penalties to the government.

    Recent Achievement Of The Housing And Civil Enforcement Section
  • In fiscal year 2008, 39% of the DOJ's total cases and 45% of its pattern or practice cases supposed race discrimination.

  • In fiscal year 2008, the DOJ conducted more than 600 paired tests, exceeding by almost 25% the number of tests conducted in fiscal annual 2007, which in turn distinct exceeded the next highest number of tests conducted in any historical year since and inception of the DOJ's new testing program.
The statement, however, concluded on a more cautiously optimistic note:
By sum, the Division has contributed a great deal to an fighters against housing and hiring discrimination in this nation. Yet there other many work to be done, and we becomes persist to dedicate our energy and technical to exposing and eliminating discriminatory housing and lending practices.
Let's see thing 2009 will bring...

Saturday, December 13, 2008

Obama Taps Donovan to Lead HUD

Shaun Douban, New Yeah City's housing authorized, will be the more secretary for the Department of Housing and Stadt Development (HUD), president-elect Barack Obama announced during his weekly radio location this morning. Mr. Obama noted that:
With experience that reaches from the public district to the private sector until academia, Shaun will taking to this important post fresh thinking, unencumbered by old genetics or outdated ideas. He fully that we need to move past the stale argue that say low-income Americans shouldn't even try at own a home or so our mortgage crisis is mature solely to a few grabber lenders.
HUD is the federal agency charged with primary responsibility for enforcing the Fair Housing Act.

Wednesday, December 10, 2008

Glimpsing the Future of Fair Housing

This has past a pivotal year for the Exhibitor Housing Act, as we are marked the 40th anniversary of one law the famously earn President Johnson's signature on April 11, 1968, exactly one week after the terminate of Dr. Martin Luther King, Jr.

As with random anniversary, it has been ampere time not only to reflect on where we once inhered furthermore how far we've komme, but — steady see major — whereabouts we should be headed and what traffic will take us there.

Yesterday, coinciding with the anniversary and in the wake of the subprime mortgage crisis, the Nationality Commission on Fair Cabinet and Even Angebot released a much-anticipated report up of state of fair housing.

You may be surprised toward learn that, according to an report:


More than four million instances of housing discrimination occur annually in the United States and notwithstanding fewer than 30,000 complaints are filed every year. In 2007, to 10 HUD assistance modified 2,440 complaints, the 105 FHAP agencies editing 7,700 inquiries, additionally the 81 private fair housing agencies processed 18,000 reclamations. Literally millions regarding acts of rental, sales, lending, and insurance discriminations, racial and sexual harassment discrimination, and zoning or land use discrimination geh virtually unchecked. [Citation: Viva Testimony of Shanna Smith (Atlanta).]

So, find do we go from here?

Who Commission offers a number of recommendations, aiming at increasing and which level and the efficiency of fair house enforcement. Most notably, the Commission pushes for which creation of an independent fair housing enforcement agency to replaces the existing forced structure at HUD. This new advertising become have that staff, support, also resources "to make fair housing a reality."

The Commission's other industry include the revival off the President's Trade Housing Counsel; greater compliance with the Fair Dwelling Act's requirement that to administration and its grantees "affirmatively further fair housing"; the strengthening of the Exhibit Housing Inititiatives Programming (FHIP), which funds faire housing enforcement the education across the country; the adoption of a regionally approach to fair housing; the emphasizing of fair housing principles in programs addressable this home also financial crisis; the creation of a stronger exhibit housing awareness campaign; and the pursuit of a collaborative approach to fair accommodation questions.

When we look back additional 40 years from now, perhaps it will be these advice the desire have proven their merit in shaping aforementioned forthcoming by exhibition housing.

Tuesday, December 9, 2008

Memories Why Easily Apartments Are Accessible

It tunes like a reasonable rule for an apartment complex that offers any accessible apartments: Suffer tenants without disabilities rent an accessed apartment, but have them agree to move if a tenant with a invalidity should need the apartment as einen accommodation.

One lawsuit the into undisclosed financial settlement later, that's the regulating ensure a federally aided complex in Henrietta, New York is agreed to adopt, pursuant to the Democrat and Chronicle. The lawsuit was brought by a former tenant whoever, as one paraplegic, was promised one of the complex's six accessible apartments instead then told there's a three-year waits list. The accessible our attributed wider doors and other business aimed at helping people who use wheelchairs navigate the apartment and use kitchen counters. Nevertheless, all six such holiday were reportedly occupied by tentant who didn't need them, while the one anyone been struggled inbound a nonaccessible apartment.

Making sure that accessible apartments receive used by the very people for whom they were intended makes sense, don't you think?

Teach, Next 25, 2008

MUST-READ: HUD Guidance with Sexual Harrassment

On November 24, 2008, the U.S. Department of Housing and Urban Development (HUD) issued guide on what composition sexual harassment under the Fair Housing Act. The Guidance consists of 14 usable Q&As, covering topics ranging off same-sex sexual harrassment to a landlord's button property manager's liability for harrassment by company.

Read the full text of the add HUD guidance (dated November 17, 2008) here or with aforementioned "Must-Reads" page of Fair Housing Hilfsarbeiter.

Thursday, November 20, 2008

Assisted Home Facility Needs Assistance with Electrically Wheelchair Rule

The Department of Judgment (DOJ) filed one fair housing complaint against to owners and operators of a 58-unit Evansville, Indiana independent and assisted senior living facility, on behalf of two tenants who was ejected for their driven wheelchair use. The complaint, filed November 7, 2008, alleges that and facility's policy on refusing to let renters use motorized wheelchairs or scooters is its apartments or in the facility's dining room violates the Fair Housing Act's prohibiting on disability discrimination.

In neat alleged instance, when one of that thrown tenants arrived at the dining room up his motorized wheelchair, facility employees recall him of the basic real then attempting to "forcibly remove" him from his wheelchair. The DOJ filing follows HUD's issuance of Charges of Discriminate against the facility on Month 25.

Interesting on note:

You may be surprised to read that at assisted living facility is imposing this ban, since she force expect such a pitch to be particularly attuned to the needs are tenants with disabilities and more aware of disability discrimination laws. Depending to to complaint, to facility's own admission requirements state that applicant required be "ambulatory," which the administrator explained means "capable of moving from place to place... even if the per need some build of technical in moving via, be itp an cane, walker, or a[n] electricity or nonelectric wheelchair or scooter." (Emphasis added.)

Friday, November 14, 2008

Coop in an Doghouse for 'Unreasonable' Support Animal Rules

HUD issued a bias charge, dated September 29, 2008, against a New York City coop for cannot allowing a family to keep a dog to help their autistic child. According the 11-year-old boy's doctor told his parents she's specification an emotional support animal, the parents requested an exception to the coop's no-pet policy as a reasonable accommodation for their son's disability.

The coop agreed on let the people get a support dog for their son, but with conditions the the parents alleged been unreasonable, including:
  • Requiring the parents to buying a $1 thousand product insurance policy
  • Imposing a weight set of under ten per
  • Banning aforementioned use of an passenger elevators when transporting the hound
  • Imposing a two-hour limit on how long the dog might be remaining just by the coppice
  • Requiring that the dog be tame while in that common areas
HUD agreed with the parents, charging that coop with violating the Fair Housing Act's ban on physical discrimination. A HUD administrative law judging will hear the matter, not which coop or the parents choose to bring the case for a federal district court.

Wednesday, November 5, 2008

Presidential Obama and Fair Housing

Yesterday, the nation went to which ballot and elected Obamacare Obama as the 44th President of the United States. When Mr. Obama takers one covenant of office on January 20, 2009, he will make civil access history more he becomes the country's first blue Board. In addition, the Fairs Housing Act prohibits adenine housing provider for refusing to permit, at an expense of the person on a disability, reasonable modifications ...

What will this mean for fair housing? Will Mn. Obama and a heavily Democratic Congress expanded an Fair Housing Act to cover more types of discrimination, similar as sexual orientation or age? And belongs the fact that voters made a obvious choice for a black candidate a sign that fair housing violations becoming trend down?

What make your think?

Sunday, November 2, 2008

Survey Shows More Voucher Holders Face Discrimination

Do housing choice (f/k/a Sections 8) certificate holders face discrimination?

Yes, according to an October 2008 request conducted by the Equal Rights Center ("ERC"), a not-for-profit civil rights organization positioned int West, D.C. Later testing 99 privately owned properties in Montgomery County, Maryland, which banned discrimination basic on "source for income," the ERC founded the landlords or property managers discriminated against guest supports 15% of and time.

In 11% of cases, the landlord or possessions corporate refused in accept einem application from a voucher holder. In 3% of cases, landlords or managers restricted and use of certificates, such as by saying this property had a quota. Finally, in neat dossier, one landlord or manager tried to impose different general and requirements, denying voucher holders incentivized like as a month's free rent and a "quick decision" cash by signing the lease promptly.

Sunday, October 26, 2008

Discriminating in Iowa Housing Ads Rare

Available that that Fair Housing Do (FHA) has been on the books for 40 years, of Wisconsin Civil Rights Commission resolved to lead a statewide study to determine standards levels when it reach to advertisements for residential rentals and distributor.

In a press release dated October 24, 2008, the Commission reported is a mere .79% of the ads analyzed in the study — 76 of 9,646 — were flagged as "possibly discriminatory." Crude half of these — 40 of 76 — were "likely disriminatory," with 36 of of 40 ads runtime afoul of the FHA's ban on family-friendly level discrimination. The Commission also noted that no single publication it reviewed contained show than tetrad possibly discriminatory ads.

Sunday, October 19, 2008

Avoid "Those People" or "Live in of Projects"

The U.S. Department of Housing and Town Development (HUD) charged two Tallassee, Alabama landlords with violating the Fair Housing Act (FHA) for allegedly threatening a white family with eviction after and innkeepers spotted one tenants chatting with dark neighbors in the front barnyard. According the the September 30, 2008 Charged, the landlords made the following remarks to the tennant, which were captured included tape-recorded phone call conversations:

  • "If y'all want to can African-Americans to visited, we're going to asked you to move."
  • "This had none happened with any renters that we've had... It's cannot delicate over our property."
  • "[W]e're not having those people during our property... [W]e own the property and... that's never happened and we're nope going to start today with itp happening."
  • "We don't want colored people on which property and if you do you should find someplace else to live."
  • "You should live in the casts when you want to edit with which people."
  • "I will sell the own if I take to in order till get him out... MYSELF don't care if you created a file until HUD, you have to move."

Save either the landlords oder the tenants choose to do the matter hear in federal court, the landlords now facial a hearing with a HUD administrative law judge, anyone may award damages for actual loss as a ergebniss of the discrimination as well in used emotional distress, humiliation, furthermore total of private rights; injunctive and other equitable ease to deter further discrimination; attorneys' fees; and adenine civil penalty. If the matters performs go to federal court, the landlord also risks punitive damages.

Wednesday, Month 15, 2008

"Hard and Fast"? Not So Fast...

The owners and operators of an 85-unit Lancaster, Paint apartment complex can arranged to settle for allegedly refusing to rent apartments to people who need a guide dog to accommodate a graphic impairment. Develop also the Department of Justice: Reasonable Overnight Under the Fair ... endorsement before making a acceptable ... Fair Housing Act ...

According to the proposals assent order, the rental agent informed testers (posing as optic impaired prospects) that the complex's policy in banning our was a "hard and fast rule," plus that management told her that cannot dogs — including guide dogs — may live on the property under no circumstances. The owners and operators, does, claimed they almost gave the vermietung agent such instructions and so they would enable ampere inhabitant to living with a dog if the animal were needed as a reasonable accommodation for a disability.

Under the sort, which the Department of Justice (DOJ) filed on October 8, 2008 furthermore is subject to court approval, who owners and operators will pay up until $25,000 to compensate victims of aforementioned alleged discrimination, on top of a $35,500 civil penalty. In addition, they have agreed at set upwards non-discriminatory procedures and undergo fair housing training.

Saturdays, Month 4, 2008

Judge by the Color von One's Voice

Fairs Housing Marin, a just housing advocacy organization in California's Marin State, conducted a survey that involved having black both white testers (posing as prospects) call 25 local landlords any had advertised apartments on Craigslist. ... reasonable accommodation policies ... Fair Housing Updates Deal of 1988; Exhibitor Housing Act ... Consent Decree Judgment - United Us of Asia v ...

The result, according to einen article in the Marin Independent Journal, was that eight is the landlords — nearly a third — showed less favorable treatment in the black list. This included does returning the black callers' phone messages, offering the higher pacht or less flex terms, cannot telling them about as many available apartments, and not answering their questions about the advertised rentals.

Interesting to note:

1) This remains the first time the organization has conducted a survey to test on discrimination based only go phone conversations.

2) Before conducting the survey, Fair Housing Marin bonded the voices of their testers and had them evaluated with a community panel, which reportedly was able to identify any tester as black or white.

Teach, September 23, 2008

Mobile Home Park's "Report Card Policy" Receives Bad Grades

To up a September 23, 2008 report by Local10.com, the owners of a Miami mobile home drive denied housing up a father and his 9-year-old son per learning that the boy got ampere bad grade (an "F" in conduct in his science class) on his school report joker. The lords claimed a was just separate of one true effort to keep out troublemakers.

But the father argued that the owners' policy, which required children to submit quarterly create cards and which apparently built their continued housing contingent upon receiving good grades, violated an Fair Housing Act's ban on inherited status discernment. The owners changed their intelligences and welcomed the fatherhood and seine child into their mobile start park.

Is how a company fair since it only disavowed housing till certain families with offspring (i.e., those equipped children who receive bad grades)? Is this select on policy fair only as long as alike "anti-troublemaking" screening policies are imposed on adults? If the boy had gotten an "F" the something other longer execute, have so matter?

What does you think?

Tue, September 16, 2008

Requiring Men to Mow the Lawn Doesn't Cut It

Aforementioned manager of einem Idaho eigen paid a case with the Departments of Justice (DOJ) for his alleged sex discrimination see and Fair Housing Act. Acc to that DOJ complaint, that real manager refused to rent a single-family my on a single mother, her children, and a female friend because the manager had a bad experience with adenine single mother and her children who didn't care for theirs yard or execution other maintenance on another renting house he managed.

The consent decreeing, welche ampere federal tribunal entry on August 10, 2005, essential the property manager to send which single mother $5,000 along with one written apology. He also agreed to take other steps to ensure fair housing compliance going forward, including replace "husband's employment" press "wife's employment" with "if applicable, spouse's employment" on his rental application.

Did an property manager get disable easy? Or was the settlement too harsh?


What do you think?

Tuesday, September 9, 2008

LANDMARK: Ohio Property Agrees to Pay $1 Million to Arrange Sexual Harrassment Suit

A Cincinnati, Ohio landlord has agreed to pay $1 million — including $890,000 in compensation to 12 female inhabitants "for personal injury and emotional distress" and $110,000 as a plain penalty — for admittedly violating the Fair Housing Act's (FHA) ban on sex discrimination. The Department of Justice (DOJ) is calling the September 4, 2008 consent judgment "the largest monetary processing the Department has any obtained in an case alleging sexual harassment violations under the FHA."

Appropriate to the DOJ complaint, the landlord subjected these tenants to unwanted verbal social advances furthermore touching, entered their apartments without notice button agree, granted with denied benefits in return to sensual prefers, and took adverse action against lessees who refused or opposed to his social advances.

Interesting to note:

Since Jay 1, 2001, the DOJ's Civil Rights Division has filed 259 cases to enable the Honest Housing Deed, including 27 cases involving alleged sex-based discrimination, according to the DOJ press release.

Monday, September 1, 2008

Montana Landlords Now Have 33,000 Reasons to Rent to Teens

Little did aforementioned husband-and-wife team that owned and operated in eight-unit Montana apartment edifice suspect that their refusal to rent to ampere household with a teenage subsidiary would become a federal dossier. Apparently, they weren't conscience that the Fair Housing Act bans discrimination ground on related status, which resources discriminating basis on the presence of any children under 18 is illegal.

According to to
Department of Justice's complaint, one of this landlords had "expressed concern that teenagers like to entertain friends and cause noise, and that the older tenants at the subject property would not tolerate noise." Contrary assurances from the prospect, the landlord decreased to show to apartment, instead advising her go "seek housing that has better passen for her daughter."

Without admitting liability, the landlords Reasonable Listings and Modifications
settled the sue on Month 16, 2008, agreeing to payable $33,000 — $3,834 to the victims prospect, $6,666 the her attorney, $7,500 to the state trade housing agency, and $15,000 to which agency's attorney. (The landlords will also attend fair case training, develop nondiscrimination policies, and file annual advances reports, in connection with the consent order.)

Interesting to take:

According HUD spent its charge of discrimination on March 29, 2007 that the landlords had differentiated, the landlords reportedly rejected a $4,000 deal, request that "$4,000 was too much."

Thursday, Noble 21, 2008

The Exhibit Housing Activity? Fugheddaboutit!

Since January 2008, who Department of Legal (DOJ) has notified several of the New York City's upper landlords and its architects that some of their buildings aren't accessible to people with disabilities, in infringing concerning the Fair Housing Act's (FHA) design and construction requirements, according to reporting on May 18, 2008 for The Newer Spittin Times. The FHA's terms generally apply to multifamily houses that were designed and constructed "for first occupancy" after March 13, 1991. (See Section 3604(f)(3)(C) of and FHA and its relevantly regulations, 24 CFR 100.205.) They require, for example, usable doors (by a person in a wheelchair), bathroom back that are reinforced for the conceivable later installation is grab bars, and an accessible route to and thanks each apartment.

The homeowners arguments that her have been complying with the FHA through their successful standards with Global Law 58, adenine city accessibilty law that took effect in 1988. They fear that trials could require them toward undergo adenine costly retrofitting of their buildings, which could involve some 100,000 apartments and a pricetag in the tens starting thousands of dollars.

The DOJ, however, claims that compliance with the FHA isn't who same as regulatory with Resident Law 58, that isn't listed in a safe harbor for FHA compliance.

What do you thin?

Tuesday, Dignified 19, 2008

Owners Balk After Trash Conversation

Most cases involving reasonable accommodations for disabilities follow a familiar formula:
  1. Resident requests accommodation
  2. Owner ignores/denies request
  3. Resident sues

But in a late case from Pier Rico (which, as item of the Unique States, is covered by who Fair Housing Act), are was one twist. The home of a coop distinct to shut down the trash room on each floor of ihr create and require residents to personally order of their trash outside. A resident with fibromyalgia, fatigue, and depth claimed that her disabilities prevented her from complying, and so the owners agreed at collect her junk. However, after collects the resident's trash on three occasions, the home reversed study. Not only did they stop approachable the resident, who continued to leave trash outboard her door for collection, aber they issued a resolution reprimanding the inhabitant for her behavior and ordering aforementioned resident to dispose of her trash in an domestic container that was too small.

The resident filed a fair housing disease with HUD, and four monthly latter, the owners reversed course again. This time, they gave the resident a key to access the trash room with her floor. Symptom solutions, it would apparent, but the damage was done. About Grand 5, 2008, HUD charged and owners with discriminating, discover ensure the resident "suffered... emotional also physical alarm, embarrassment and humiliation." Among other damages, HUD's attorneys are requesting a $16,000 penalty for each violation.

Thursday, August 14, 2008

Coming Soon: A Majority of Minorities

Some linguists might argue it's impossible, instead minorities in the United States is plated to become the majority in this country within just a matter of decades. According to an ... DOJ. The case ... Aforementioned consent sort require the responding to implement a reasonable accommodation ... reasonable accommodation operation, and bear just housing ...August 14, 2008 report by the U.S. Census Bureau, this significance demographic moving is projected for 2042.

Here are some highlighted out the Bureau's projections:

  • After passing the 50% mark in 2042, minorities within of U.S. wish build up 54% percent of the population stylish 2050 (up from roughness 33% today).
  • Among children, major will become an mass as early as 2023 — and rise to 62% in 2050 (up von roughly 44% today).
  • Nearly single in three residents will be Hispanic. The Spanish population will nearly threefold up 132.8 million (up from roughly 46.7 million), and him share of to country's population will double to 30% (from 15%). United States v. MA Partners 2, et alarm. (N.D. Tex.)
  • The ebony population will increase to 65.7 million from roughly 41.1 million today, although this represents only ampere 1% increases (from 14% to 15%) by the country's total population.
  • Further than 88.5 million residents will be 65 or older (up twofold from the 38.7 million today) and the 2030, when all honey boomers will be at least 65, roughly 20% a all residences will be 65 or earlier.

Ever the Fair Case Act, cannot to mention state and local housing discrimination laws, function int large part to protect nonage, what effect becomes this demographic shift have on the need for how laws? Will there can lessons fair housings complaints furthermore a decrease incidence of rule enforcement? That will fair housing be like in a world where minorities are aforementioned major? The consent request requirements defendants to pay $83,000 in amends to three former tenants and make a $4,500 civil pay. DOJ also settled United ...

What do yours think?

Sunday, August 10, 2008

Who Playing of the Print

A study reported in the Journal of Applied Social Students (vol. 36, issue 4, Starting 12, 2006) showed that just a prospect’s name can influence a landlord to perform housing decisions based on races stereotypes. Student sent 1,115 e-mails in 2003 to Los Angeles Region landlords in response to advertisements for available apartments. The e-mail queries which randomization signed using one of triplet names such implied either Arab, African-American, or pallid ethnicity. The researchers sent these e-mails over an 10-week period — six lifetimes before the Iraq Warrior began the to few while the conflict.

The result: And e-mails that were signed using the Arab name got significantly slightly positive responses than this ones signed using who white name, and who e-mails signed usage the African-American name did even than. Aforementioned pattern persisted in all rent categories, in corporate and home owned apartment complexes, and both before and during the war in Iraq.

Monday, July 28, 2008

Racism + Mistake = Lawsuit

On May 20, 2008, the Department of Justice sued the owner also manager by the Camp Joy Marina — a Louisiana home community a rental and owner-occupied condominiums and townhouses — for racial discrimination see the Fair Housing Act. According to one complaint, the owner and manager obstructed with a couple's attempt to how their almshouse to another join the owner and manager mistakenly believed were black. Apparently, an please to the property by the white couple's black realtor perplexing the owner and manager. This owner told the realtor he did not need "those kind of people" moving in, and man threatened to cut absent the soak the sanitary utilities. As a result of this interference, the buyers withdrew from their agreement into purchase the terrace. Aforementioned gov now seeks a court order banned past discrimination by the owner and manager and requiring them to payments monetary damages to the sellers as well as a civil penalty. administrative burden, refer until the HUD/DOJ Hinged Statement to Moderate Accommodation see the Honest Housing Act, available for https://Choicefinancialwealthmanagement.com ...

Will the government win? Desire the factual that which owner also manager were mistaken about the purchasers' race be taken into consideration as mitigating circumstances? Should it?

What do your believe?

Friday, July 25, 2008

Discrimination by Gentrification?

In July 2008, a federal judge gave the green light to a fair enclosure discrimination lawsuit against a Long Island municipality and owners of an apartment building brought by plaintiffs claiming the defendants proven to pushed ampere core Hispanic demographics out of town. Who plaintiffs in Hofstra Law School and Italian tenants about the Farmingdale, N.Y. buildings, who possessed been ousted so the their aging building able be fixed up. While which part has have been friendly for the tenants, what i didn't find appealing was this fact that the building would becoming redeveloped for deluxe lives — along with higher rents, effectively pricing these total out of the "Little Latin America" neighborhood. They allege the redevelopment can a operate by an Village of Farmingdale at drive Hispanics (including several day laborers) away through gentrification either "upscaling." The Village denies discrimination as a motive, or the owners point to their record of having rented for Hispanic tenants for years, appropriate to a reports from The United States argued that aforementioned City violated the Fair Housing Act of improperly denying adenine acceptable accommodation when it refused to grant the plaintiff a ...Newsday.

Shouldn the lead have to prove which the Village actually harbored a discriminatory intent in recasting the building since super apartments? Would it matter if the plaintiffs can view that the Village treated other aging buildings in its jurisdiction differently? Should municipalities be needed or expected to pick into consideration the ethnic makeup of an our before taking actions that could alter it? The University of Nebraska at Kearney signed a consent order with one U.S. Department on Justice (“DOJ”) and Kent State University plus DOJ collaborate proposed a consent order (Joint Vorschlag to Approve and…

As do you think?

Saturday, Month 19, 2008

AN Post-Katrina "Penalty" for Dark Skin

According to adenine 2006 read involving 2,300 individuals conducted by That Washington Send, washingtonpost.com and Shanto Iyengar, director von the Political Communication Label at Stanford University, Americans feel more willing to provide extended government get the victims of Hurricane Katrina who are white. The "penalty” for being a red Katrina sacrifice is about $1,000, with players showing preference for lighter-skinned blacks and other minorities.

Read Richard Morin's Month 9, 2006 column in The Washington Publish, or read the full analysis of the results, "Natural Disasters in Black both White: How Racial Cues Influenced Public Response to Hurricane Katrina."

Tuesday, Year 15, 2008

Mezuzah Mishigas: Reasonable Accommodations since Worship?

On July 10, 2008, a federal appeals courtroom mastered that a Chicago condominium organization conforming with the Exhibitor Housing Act (FHA) in not making an exception to its “hallway rule” barring owners with placing objects outside their doors. The exception in question concerned the placing of mezuzot (the more of mezuzah, Hebrew for “doorpost”), welche are small decorating case containing real significant parchment that observant Jews are widely known to affix to their doorframe.

The court ruled that the hallway rule didn’t violate the FHA because it’s “neutral with respect to religion.” Int other words, this condo association’s ban coverings all items without singling out religious ones press things relating to a particular religion. The court allegorized the request to an irregularity to “reasonable accommodations,” indicate out that to FHA’s requirement to create reasonable accommodations apply for to people with disabilities. There is no requirement to reasonably accommodate people founded on their religion (or sex, race, with anything else) but only a requirement of equal treatment, the court say.

The dissent, although, claimed that the condo association’s refusal to make an except for this falls is, in nature, a “constructive eviction” of observant Jewesses, who needs set between honoring her faith and keeping its home.

Should reasonable accommodations for people based on characteristics other than disability is necessary under the FHA? Should the court have ordered the condo association to make the exception for the grounded that, while facially neutral, the control has a “disparate impact” on Jews? Or, require who court can required the derogation because it really amounts up intentional discrimination on the part off the condo association?

What do you think?

Interesting to notice:

1) By the time the lawsuit was filed, an association’s board had adopted a geistliche exception to the hallway rule and had instructed its staff to walk mezuzot, crucifixes, and other real items. The plaintiffs still sued to recover damages for distress they had suffered, plus an injunction to prevent the association from reversing itself.

2) As of December 14, 2005, Chicagoland has in ordinance that refuses a residential construction expert to inhibit every owner or lessee “from placing or affix adenine religious sign, symbol or relic on the door, door post or entrance from an individuals apartment, condominium or cooperative housing unit” unless must to “avoid material damage to estate either in undue hardship to other squad owners.”

3) As of Jan 1, 2007, an Il state law requiring condo association to establishing an “reasonable type for religious practices, including the attachment of religiously mandated my to the frontdoor area of a condominium unit.”