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so if your in cohabitation with your tennants (like i do and boy can it be hell) this wont effect you at all
“Female Roommate Wanted” It’s a fairly standard advertisement. But for years, many scholars and lawyers have thought it constitutes illegal sex discrimination under the Fair Housing Act. In Fair Housing Council v. roommate.com, a recent opinion by Alex Kozinski and joined by Stephen Reinhardt (so there’s your first surprise), the 9th Circuit has said that such ads are permissible. I realize that this isn’t strictly an environmental question, but the case is interesting for the creative moves it makes on statutory interpretation, and in any event, I’m assuming that lots of Legal Planet readers either teach Property or deal with property law in their practices, so it might of interest to our readers. The problem actually serves as a hypothetical in the Dukeminier casebook: is it a violation to advertise for a “female roommate”? Students frequently rebel against the standard answer: yes. So did the 9th Circuit, and here is its chain of reasoning: 1) The FHA forbids discrimination “with respect to the sale or rental of a dwelling”; so what is a “dwelling”? 2) The opinion says that the FHA “stops at the apartment door”, essentially meaning that a “dwelling” means any individual’s unit, be it one room of an apartment, or even one chunk of a bunk bed. Thus, if you say you only want a female roommate, that’s not discriminating with respect to a “dwelling” because she might be in another room or another part of the bunk. 3) Is this forced? Yes, the Court concedes. But: 4) There is no way that Congress could have intended anything else. The Court noted that the language was adopted in 1968: “Telling women they may not lawfully exclude men from the list of acceptable roommates would be controversial today; it would have been scandalous in the 1960s.”
originally posted by: DBCowboy
originally posted by: enlightenedservant
a reply to: DBCowboy
Isn't that a State issue? Besides, people would still complain even if he was.
No, not a state issue.
People would complain regardless.
If we want to extend equal rights to prior felons, then why not all rights?
The claim is that it might be "discriminatory" to weed out criminals from rental situations.
HUD says that landlords may be allowed to bar those with criminal records from living in a facility, but they will have to prove that such a policy is necessary for protecting the safety of other tenants, and designed to avoid illegal discrimination. The new guidance recommends that landlords consider factors such as the severity of the criminal history and how long ago it occurred.
The new guideline includes one major exception that will benefit landlords: It is never illegal, HUD says, for landlords to block renting to those convicted of manufacturing or distributing illegal drugs.
Federally Subsidized Housing(NYCHA & Section 8)
Federally subsidized housing includes all public housing developments (such as NYCHA in New York City and RHA in Rochester) and Section 8. Rules in subsidized housing can be very strict, and even minor arrests or criminal convictions can affect your right to stay in public housing. This section includes information about “Admissions”–or the rules guiding when your criminal conviction might prevent you from living in public housing, even if your family lives there–and about “Termination of Tenancy”–or eviction based on criminal justice involvement. Most of the information here is specific to the New York City Housing Authority (NYCHA) and to Section 8 administered by NYCHA. To find out about the laws specific to your city or county use LawHelp/NY (www.lawhelp.org/ny) to find a housing legal services provider in your area.
Admissions: Getting into housing with a criminal record
Public housing agencies and Section 8 providers can and do obtain criminal records of applicants and tenants. Much of the information in this section is based on How to Get Section 8 or Public Housing Even With a Criminal Record, a publication of the Legal Action Center.
1. How can my past criminal involvement affect my chances at getting public housing or Section 8?
•When you apply, the Public Housing Authority runs a criminal background check of: •You;
•Everyone you currently live with;
•Everyone 16 or older who might live with you;
•Any biological parent of any children who will be living in the household, even parents who do not plan to live with you and are not part of the public housing application.
•The rules governing who may be denied are very broad. The Housing Authority tries to exclude people it believes will “risk the health and safety of other tenants.” On the other hand, the Housing Authority may choose to overlook your criminal convictions and accept your application, especially if they see evidence that you have changed since the time of your conviction.
•The Housing Authority will look for evidence (such as an official rap sheet) that no member of your household has committed any new criminal activity in recent years. Federal Law (42 USC § 13661(c)) gives Public Housing Authorities the power to deny people based on criminal activity.
- See more at: www.bronxdefenders.org...
originally posted by: Discotech
a reply to: DBCowboy
It's really confusing that you Americans are supposedly one nation but have so many different laws dependant on State like you're all living in different countries.
originally posted by: enlightenedservant
a reply to: burntheships
Manufacturing makes sense. Many of those labs can literally explode with even a minor mistake (meth labs are a perfect example).