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Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson
Fordham Urban Law Journal
This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …
Clarifying The Federal Fair Housing Act’S Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Clarifying The Federal Fair Housing Act’S Exemption For Reasonable Occupancy Restrictions, Tim Iglesias
Fordham Urban Law Journal
The 1988 Fair Housing Act Amendments (FHAA) for “reasonable” governmental occupancy standards contains a deceptively simple “exemption” that has been the subject of interpretation by numerous courts. This article argues that this “exemption” has been misinterpreted by these courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights. The article describes how this misinterpretation undercuts the protection from housing discrimination that the FHAA provides for families, especially families of color. The article details the FHAA’s familial status provision and “reasonable” standard exemption, and goes on to “analyze relevant case law and the legislative history to …