The Right to Fair Housing Cases, Statutes, and Context [Connected eBook]

by Roisman, Florence Wagman; Seicshnaydre, Stacy E.; Oliveri, Rigel C.

• ISBN13: 9798889061236
• ISBN10: 8889061235
• eBook ISBN(s): 9798889061250
• Additional ISBN(s): 9798889061243
• Edition: 1st
• Format: Paperback
• Copyright: 2025-02-01
• Publisher: Aspen Publishing
• More Book Details

Summary

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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.

Table of Contents

Summary of Contents

Contents
Preface
Acknowledgments 
Note to the Reader 

PART I
HISTORICAL FOUNDATION: HOUSING
DISCRIMINATION AND SEGREGATION FROM
1865 TO 1968 AND THE CIVIL RIGHTS ACT OF 1866 

CHAPTER 1
Discrimination and Segregation in Housing in the
United States: 1865 to 1968 

CHAPTER 2
The 1866 Civil Rights Act 

PART II
FAIR HOUSING ACT FUNDAMENTALS:
LEGISLATIVE HISTORY, STATUTORY FRAMEWORK,
INTERPRETIVE TOOLS, PROPER PARTIES,
AND COVERAGE 

CHAPTER 3
Overview of the Fair Housing Act 

CHAPTER 4
Proper Parties 

CHAPTER 5
Coverage: “Dwellings” and Exemptions

PART III
PROVING DISCRIMINATION: EVIDENTIARY
FRAMEWORKS 

CHAPTER 6
Discriminatory Intent, Disparate Treatment 

CHAPTER 7
Discriminatory Effects: Disparate Impact and
Perpetuation of Segregation 

PART IV
THE FAIR HOUSING ACT: SUBSTANTIVE
PROVISIONS 

CHAPTER 8
Prohibited Conduct Under §§3604(a), (b), (d), and (e)

CHAPTER 9
Section 3604(c): Discriminatory Advertisements, Notices,
and Statements 

CHAPTER 10
Section 3617: Prohibited Interference, Threats, Coercion, or
Intimidation, and Section 3631: Criminal Provision 

CHAPTER 11
Discrimination in Real Estate- Related Transactions

PART V
GOVERNMENT HOUSING AND DEVELOPMENT
PROGRAMS AND AFFIRMATIVE DUTIES
 
CHAPTER 12
Federal Housing and Development Programs 

CHAPTER 13
The Government’s Affirmative Duty To Further Fair Housing

PART VI
PROTECTED CHARACTERISTICS 

CHAPTER 14
Race, Color, Religion, and National Origin 

CHAPTER 15
Sex as a Protected Characteristic 

CHAPTER 16
Familial Status

CHAPTER 17
Disability Rights in Housing 

CHAPTER 18
Source of Income (Protected by State and Local Law) 

Table of Cases 
Index