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

Authors
  • Florence Wagman Roisman
  • Stacy E. Seicshnaydre
  • Rigel C. Oliveri
Series / Aspen Coursebook Series
Teaching Materials
NO
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.
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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
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About the authors
Florence Wagman Roisman

Florence Wagman Roisman began practice at the Federal Trade Commission in 1963. In 1964, she joined the U.S. Department of Justice in the appellate section of the Civil Division. In 1967, she became staff attorney, and later managing attorney, for the D.C. Neighborhood Legal Services Program (NLSP), initiating a 30-year association with the federally financed program of civil legal assistance to poor people. While at NLSP, she was co-counsel in several of the landlord-tenant cases that now appear in many property casebooks. Subsequent to her tenure with NLSP, she worked with the legal services program both in private practice and through the National Housing Law Project.

In 1989, she was the first recipient of the Kutak-Dodds Prize, awarded by the ABA's Standing Committee on Legal Aid and Indigent Defendants and the National Legal Aid and Defender Association. In 1994 she was the first recipient of the Georgetown University Law Center Equal Justice Foundation Award for Outstanding Faculty Commitment to Public Interest Law. In 2000, she received the Thurgood Marshall Award given by the District of Columbia Bar. Prof. Roisman received the inaugural Equal Justice Works Outstanding Law School Faculty Award in 2004 "for her dogged pursuit of equal justice and her pivotal role in nurturing a public interest ethic among law students." In 2010, the District of Columbia Legal Aid Society gave her its Servant of Justice Award "for faithful dedication and remarkable achievement in assuring that all persons have equal and meaningful access to justice." In 2011, she received from the National Law Income Housing Coalition the Cushing Niles Dolbeare Lifetime Service Award. In 2014, the Society of American Law Teachers gave her its M. Shanara Gilbert Human Rights Award; in 2015, she received the David B. Bryson Award from the National Housing Law Project and Housing Justice Network and the Elizabeth Hurlock Beckman Award for an educator who serves the community. In 2017, the DC Neighbohood Legal Services Program gave her its Pioneer of Justice Award.

She has taught full-time at Georgetown University Law Center and the law schools of the University of Maryland, Catholic University, and Widener University; she has taught part-time at the George Washington University National Law Center and the Antioch School of Law. In 2006 she was the J. Skelly Wright Fellow at Yale Law School. She has received several Trustees' Teaching Awards from Indiana University and has served on the boards of the American Civil Liberties Union of Indiana, the national ACLU, and the Inclusive Communities Project of Dallas, TX as well as the Society of American Law Teachers, the District of Columbia Bar, the Washington Legal Clinic for the Homeless, and the Poverty and Race Research Action Council, of which she was a co-founder. The substantive focus of her practice, teaching, and writing has been on low-income housing, homelessness, and housing discrimination and segregation.

Stacy E. Seicshnaydre

Stacy Seicshnaydre is a leading authority on fair housing and anti-discrimination law, and her research and writing on housing law and policy have been influential in federal civil rights litigation.

From 2016 to 2021, she served as Associate Dean for Experiential Learning and Public Interest Programs. In that role, Prof. Seicshnaydre oversaw the full range of skills training, experiential, and public interest initiatives at Tulane Law School, including Clinics, Trial Advocacy and moot court, externships, Intersession skills boot camps, and Tulane’s pioneering pro bono program.

As director of Tulane Law School’s Civil Litigation Clinic from 2004 to 2016, she guided students in the representation of clients on a variety of civil rights cases in federal courts at the district and appellate levels. She was also founding executive director and later general counsel of the Greater New Orleans Fair Housing Action Center.

Seicshnaydre clerked for Judge W. Eugene Davis of the 5th U.S. Circuit Court of Appeals then was the first Tulane Law graduate to receive a Skadden Fellowship, through which she worked as a staff attorney for the Lawyers’ Committee for Civil Rights Under Law in Washington, D.C.

She has served on the board of the Inclusive Communities Project and National Fair Housing Alliance and on the Louisiana Advisory Committee to the U.S. Commission on Civil Rights. Supreme Court Justice Anthony Kennedy cited her work in the landmark disparate impact case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project.

Rigel C. Oliveri

Rigel C. Oliveri, Isabella Wade and Paul C. Lyda Professor of Law

Professor Oliveri is a nationally recognized expert on fair housing law. Her scholarship focuses on housing discrimination, zoning and property rights, and sexual harassment. Her published work has appeared in a number of prestigious journals and been cited by state and federal courts. She is the co-author of a casebook: Sexual Harassment Law: Cases, History, and Practice, and a co-editor of The Legal Guide to Affordable Housing Development. She has received numerous awards for public service.

Professor Oliveri teaches Fair Housing, Constitutional Law, Employment Discrimination, and Civil Procedure at the University of Missouri School of Law. She currently serves as a Commissioner for the Columbia Housing Authority and on the Board of Mid-Missouri Legal Services. Prior to joining the MU faculty, Professor Oliveri served as a trial attorney with the U.S. Department of Justice in the Civil Rights Division, Housing and Civil Enforcement Section.

Professor Oliveri obtained her BA from the University of Virginia, where she was inducted into the Phi Beta Kappa society and graduated with Highest Distinction. She obtained her JD from Stanford Law School, where she was elected to the Order of the Coif. She clerked for the Honorable Stephanie K. Seymour, of the United States Court of Appeals for the Tenth Circuit, in Tulsa, OK.

Product Information
Edition
First Edition
Publication date
2025-02-01
Copyright Year
2025
Pages
952
Connected eBook + Paperback
9798889061236
Connected eBook (Digital Only)
9798889061250
Subject
Civil Rights / Race and the Law , Elective, Other , Property Law
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