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Full-Text Articles in Law
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 …
Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein
Fighting Municipal "Tag-Team": The Federal Fair Housing Amendments Act And Its Use In Obtaining Access To Housing For Persons With Disabilities, Robert L. Schonfeld, Seth P. Stein
Fordham Urban Law Journal
This Article examines the impact of the Fair Housing Amendments Act (FHAA) on prohibiting housing discrimination against persons on the basis of their disabilities, and analyzes the court decisions interpreting the FHAA on questions of land use to determine whether they are consistent with the stated intentions of the drafters of the Amendments. Part I traces the legislative intent behind the FHAA and, specifically, the sections of the Amendments enjoining housing discrimination against persons with handicaps. Part I also analyzes the court decisions interpreting the Amendments’ requirements as to what facts must be demonstrated to prove discrimination. This Part of …
The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh
The Necessity For Shelter: States Must Prohibit Discrimination Against Children In Housing, Gretchen Walsh
Fordham Urban Law Journal
This note surveys the different paths courts and legislatures have taken in their attempts to end housing discrimination against children, and concludes that the most feasible and appropriate solution to the problem is a more effective form of state legislation. Part II discusses the likelihood of success and the issues surrounding a claim based upon a denial of fourteenth amendment rights. Part III centers on the possibility of using the Fair Housing Act for a private cause of action and the problems with the proposed bill to amend the Act. Part IV examines the state statutes that attempt to ban …