The Right to Fair Housing: Cases, Statutes, and Context, First Edition

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Authors

Florence Wagman Roisman
Stacy E Seicshnaydre
Rigel C. Oliveri

Series / Aspen Coursebook Series

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Book length

952 pages

Publication Date

2025-02-03

Edition

First Edition

Description

Table of contents

Preface

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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.

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