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Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm
Discriminatory Housing Statements And Section 3604(C): A New Look At The Fair Housing Act's Most Intriguing Provision, Robert G. Schwemm
Fordham Urban Law Journal
This article gives a new look at section 3604(c) of the Fair Housing Act. Through section 3604(c), the FHA has outlawed biased statements with respect to an even broader range of housing sales and rentals. The three main purposes of section 3604 directly bear on the FHA's ultimate goals of eliminating housing discrimination and achieving residential integration. Under the FHA, discriminatory statements are not only probative of a defendant's illegal intent, but also, by themselves, violate the statute if made "with respect to eh sale or rental of a dwelling." Further, the lack of aggressive enforcement of section 3604(c) cannot …
Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White
Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White
Fordham Urban Law Journal
This article examines the serious potential for a clash between two sets of values: (1) the stated values of the Fair Housing Amendments Act of 1988, that persons handicapped within its terms should not be denied access to decent housing on that account, and that mentally handicapped tenants, especially those who may have, but do not necessarily possess, a propensity for violence, have privacy rights; and (2) the landlord’s responsibilities with respect to the safety needs of other tenants. The author addresses a number of policies, including those embodied in federal and state statutes relating to the rights of mentally …