Music: Jefferson Airplane/Starship
Behind the Music Collection
Recorded 1966-1989
SECTION C1:
If you did not have a chance on
Wednesday to confirm your e-mail
address, please check with me.
Music: Jefferson Airplane/Starship
Behind the Music Collection
Recorded 1966-1989
LUNCH TODAY
Meet on Bricks @ 12:05
Boos  Delsontro  Evans  Haber
Kadosh  Mastrucci  Widmer
VOLUNTEERING
& PATIENCE
Fair Housing Act
42 U.S.C. §3601 et seq.
(1968, as amended 1988)
DQ13. The most fundamental provisions of the FHA are §§3604(a)
and (f)(1), which prohibit discrimination in the sale or rental of
housing. What sorts of people are protected by these provisions?
§3604. Discrimination in the sale or rental of
housing and other prohibited practices. ... [E]xcept
as exempted by [§§ 3603(b) and 3607], it shall be
unlawful–
(a) To 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.
DQ13. The most fundamental provisions of the FHA are §§3604(a)
and (f)(1), which prohibit discrimination in the sale or rental of
housing. What sorts of people are protected by these provisions?
§3604. Discrimination in the sale or rental of housing
and other prohibited practices. ... [E]xcept as exempted
by [§§ 3603(b) and 3607], it shall be unlawful–
(f)(1) To discriminate in the sale or rental, or to otherwise
make unavailable or deny, a dwelling to any buyer or
renter because of a handicap of—
(A) that buyer or renter,
(B) a person residing in or intending to reside in that dwelling
after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
DQ14. What is discrimination on the basis
of
“familial status”?
DQ14. What is discrimination on the basis of
“familial status”?
§3602 (k) "Familial status" means one or more individuals
(who have not attained the age of 18 years) being
domiciled with—
(1) a parent or another person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having such
custody, with the written permission of such parent or other
person.
The protections afforded against discrimination on the
basis of familial status shall apply to any person who is
pregnant or is in the process of securing legal custody of
any individual who has not attained the age of 18 years.
DQ14. Why might “familial status”
discrimination be a serious problem?
§3602 (k) "Familial status" means one or more individuals
(who have not attained the age of 18 years) being
domiciled with—
(1) a parent or another person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having such
custody, with the written permission of such parent or other
person.
The protections afforded against discrimination on the
basis of familial status shall apply to any person who is
pregnant or is in the process of securing legal custody of
any individual who has not attained the age of 18 years.
DQ14. §3607(b): Discrimination on the basis of
“familial status” inapplicable to
“Housing for Older Persons”
• Exception for certain housing primarily
intended for senior citizens that meets specific
statutory definition.
• “Been there, done that” exception.
• Shows political clout of AARP and other senior
citizens’ groups.
DQ15. The FHA prohibits discrimination on the
basis of “sex.” In what kinds of situations do
you imagine housing discrimination on the basis
of sex most commonly occurs?
DQ15. In what kinds of situations do you
imagine housing discrimination on the
basis of sex most commonly occurs?
• Discrimination against women trying to get
mortgage
• Sexual Harassment of female tenants by male
landlords
• Note that most sex discrimination re roommates falls under exemptions, but HUD interprets statute to also allow sex-based roommate
advertising.
DQ16. What do you think is the purpose of
§3604(e) (blockbusting)?
[I]t shall be unlawful …
For profit, to induce or attempt to induce any
person to sell or rent any dwelling by
representations regarding the entry or
prospective entry into the neighborhood of a
person or persons of a particular race, color,
religion, sex, handicap, familial status, or
national origin.
DQ16. What do you think is the purpose of
§3604(f)(3)(A) (reasonable modifications)?
For purposes of this subsection, discrimination
includes … a refusal to permit, at the expense of
the handicapped person, reasonable
modifications of existing premises occupied or
to be occupied by such person if such
modifications may be necessary to afford such
person full enjoyment of the premises …;
DQ16. Exemptions
• §3607(a): Religious Organizations: Homes for
clergy & religious orders; religious colleges,
nursing homes, etc.
• §3607(a): Private Clubs: Sensible extension of
Private Club exception in Title II
• §3603(b)(2): “Mrs. Murphy”: Privacy &
control for owners re renters in private home or
small boarding house if living on premises & no
more than 3 rental units.
DQ16. Exemptions
• §3603(b)(1): Single Family House (SFH): Sale
or rental of SFH by owner if owns less than four
SFHs and no use of real estate professionals or
of discriminatory advertising.
• If rental, similar to “Mrs. Murphy”: control of
your own property if not too many units.
• If sale, why exempt?
Administration
&
Logistics
Administration & Logistics
• All power point presentations will
be posted on the course page after
both classes have been through them
• Monday/Tuesday we’ll continue with
Shack Discussion Qs
• Saturday by 5 p.m. I’ll post next
set of course materials & updated
syllabus and assignment sheet
Administration & Logistics
• Dean’s Fellow Sessions Start Next
Week:
– Monday 10-10:50 a.m. Room F309
– Thursday 12:30-1:20 p.m. Room LC170
• Both sessions will cover “topic of
the week” and material from the
prior week’s class.
Administration & Logistics
• Panel Assignments posted on course
page
• If hurricanes or tropical storms in
the Atlantic reach 25° North
Latitude well to the East of
Florida they almost certainly will
not hit us. Thus, Danielle & Earl
are not going to be our problems.
Administration & Logistics
WRITTEN ASSIGNMENT #1
• Make specific focused arguments
applying Shack to new situation.
• Make sure points are responsive to
categories; don’t try to make all
possible arguments under any one
heading or even in the submission
as a whole.
Administration & Logistics
WRITTEN ASSIGNMENT #1
• Length of individual arguments will
vary. Under one heading, you may
make multiple points if they are
responsive, but you may also just
make a single strong point.
• Edit thoroughly & carefully.
Administration & Logistics
WRITTEN ASSIGNMENT #1
• Cooperate with your teammates; make
time to meet and to do your share
of the work.
• Coordinators: Follow formatting
directions carefully.
•Qs?
STATE v. SHACK
(N.J. 1971)
DQ22: Applying Other Authority
to Facts of Shack
• Shack precedes Schmid & JMB, so why
do this?
DQ22: Applying Other Authority
to Facts of Shack
• Shack precedes Schmid & JMB, so why do this?
• Three-Part BalancingTest from Schmid:
1. Normal Use of Private Property
2. Extent & Nature of [Public] Invitation
3. Compatibility of Speech [Entrance] with
Normal Use
DQ22: Applying Other Authority
to Facts of Shack
• Shack precedes Schmid & JMB, so why do this?
• Three-Part BalancingTest from Schmid:
• Comparison with Facts of JMB