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2011

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Housing Law

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Neighbor-On-Neighbor Harassment: Does The Fair Housing Act Make A Federal Case Out Of It?, Robert G. Schwemm Jan 2011

Neighbor-On-Neighbor Harassment: Does The Fair Housing Act Make A Federal Case Out Of It?, Robert G. Schwemm

Law Faculty Scholarly Articles

Does the federal Fair Housing Act (“FHA”) ban harassing statements to a minority family who has just moved into a predominantly white neighborhood? The FHA does contain an antiharassment provision (42 U.S.C. § 3617), and this certainly applies to firebombings and other types of physical assault designed to drive the family out of the area. But does § 3617 also outlaw purely verbal attacks? And if so, how egregious must the remarks be before a federal case should be made out of them? For example, would substituting "Niggers" for "people like you" in the above quote make a difference?

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