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The Right to Fair Housing: Cases, Statutes, and Context is a rigorous, comprehensive tool for teaching about the evolution in protected access to housing and neighborhood opportunity under federal, state, and local law. It presents constitutional, statutory, regulatory, and sub-regulatory legal standards in the contexts of sales and rentals of housing; lending, appraisals, and homeowners’ insurance; affordable housing and community development; zoning; and related programs. The federally protected characteristics—race, color, national origin, religion, sex, disability, and familial status—are covered extensively, with “sex” including sexual orientation and gender identity. The book presents historical and contemporary perspectives illustrating the ways in which law established and enabled residential segregation and inequality based on race and other classifications, as well as the ways in which law has provided some means of dismantling residential hierarchies.
Benefits for instructors and students:
- Detailed analysis of the Fair Housing Act and its amendments, including substantive provisions, protected characteristics, coverage, and legislative history.
- Exploration of additional legal sources for the protection of fair housing rights, including Constitutional theories, other statutes (e.g., the 1866 Civil Rights Act, the Equal Credit Opportunity Act, the 1973 Rehabilitation Act, and the Americans with Disabilities Act), regulations, and guidance.
- Thoughtful coverage of the history of discriminatory housing policies, programs, and practices in the United States, and how these created and entrenched segregated living conditions.
- In-depth doctrinal discussion of the theories that advocates can use to advance fair housing rights, including intentional discrimination, disparate impact, and harassment.
- A review of government housing programs, and the government’s affirmative duty to further fair housing in these programs.
