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Fair Housing Legislation [1968-1978]
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5
7
INEIGHBORHOOD LAW OFFICE
HOUSTON LEGAL FOUNDATION
UNIVERSITY OF HOUSTON
749-3117
4800 CALHOUN
BATES COLLEGE OF LAW
HOUSTON, TEXAS 77004
TO:
Creative Handicaps, Coalition for Barrier
Free Living
FM:
Juanita Jeys, Staff Attorney, Gulf Coast Legal Foundation
RE:
Housing Discrimination
DT:
May 18, 1978
LOCAL
Fair Housing Ordinance, Houston, Texas, Ordinance, 75-166
(Feb. 12, 1975).
You will note under the provisions that the cause of action lies
only for discrimination based on race, sex or national origin. We
will need to amend the ordinance to include the physically impaired.
STATE
Tex. Rev. Civ. Stat. Ann. Art. 4419e §3 (h) (Vernon Supp. 1977).
This statute prohibits discrimination. the penalties are found in
§6 (a) and (b) of the statute. Although the penalties are in large
measure inadequate, I will be researching the possibility of injunc-
tive relief available pursuant to the statute.
FEDERAL
There are two pieces of federal legislation dealing with discrimina-
tion. One, 45 USC $3601 et seq (1974), known as the Fair Housing Act,
prohibits discrimination based on race, sex, or national origin. The
other, 16 USC $794 (1973), known as the Vocational Rehabilitation Act
$504, prohibits discrimination against the physically impaired, but
ties such prohibitation to the receipt of federal assistance. The
agencies charged with enforcement are Housing and Urban Development,
and Health, Education and Welfare, respectively.
memo:page two
5/18/78
I talked with Mr. Eubanks of the Dallas office of HUD who stated
that he was most interested in your plight and wondered if we
could provide data on the race/sex composition of the group. He
even went so far as to make a commitment to investigate if we thought
it would buy us more time. He also indicated that his office was
pursuing amendments to Fair Housing Act to include the physically
impaired so that individuals may be more aggressively handled
through HUD. He indicated that HEW had not been as aggressive as
it should have been.
Title 71
Title 71
HEALTH-PUBLIC
Art. 4419e
partment, and for
records thereof,
Act the commission is abolished, and Subchapters B and C of this Act ex-
ficer or employee
pire effective September 1, 1985.
Sec. 2.01a added by Acts 1977, 65th Leg., p. 1848, ch. 735, § 2.114, eff. Aug.
in procedure, and
29, 1977.
on the Board, the
1 Article 5429k.
*
*
*
by of which rules
Cross References
1. Construction and application
f. Aug. 29, 1977.
Closing certain county medical facilities,
The State of Texas is without authority
applicability of this Act, see art. 4478 note.
to require the Veterans Administration to
Surveys and inspections of health care
obtain a certificate of need or an exemp-
facilities as defined in this article, see art.
tion certificate from the Texas Health Fa-
4437h, § 2(1).
cilities Commission before it may construct
a hospital. Op.Atty.Gen.1976. No. H-835.
head of the De-
Art. 4419e. Blind, visually handicapped and otherwise physically dis-
Act, perform the
abled persons; use of public facilities
Aug. 29, 1977.
Policy
Section 1. The policy of the State of Texas is to encourage and en-
contributions to
able the blind, the visually handicapped, and the otherwise physically
disabled to participate fully in the social and economic life of the state,
ions, the Depart-
to achieve maximum personal independence, to become gainfully em-
appropriations
ployed, and to otherwise fully enjoy and use all public facilities available
ny other public
within the state.
d by legislative
Sec. 1 amended by Acts 1977, 65th Leg., p. 1203, ch. 466, § 1, eff. Aug. 29,
ccept donations
1977.
blic health and
Definitions
is Court of any
Sec. 2. (a) In this Act, unless the context requires a different definition,
nd money from
*
*
*
*
*
*
*
blic health and
(5) "Housing accommodations" means any real property, or portion
thereof, which is used or occupied or is intended, arranged, or designed to
Aug. 29, 1977.
be used or occupied as the home, residence, or sleeping place of one or
to the Depart-
more human beings, but shall not include any single family residence the
occupants of which rent, lease, or furnish for compensation not more than
one room therein.
'S, duties, and
*
*
*
*
he State Com-
Sec. 2(a) (5) added by Acts 1977, 65th Leg., p. 1204, ch. 466, § 2, eff.
exas Board of
Aug. 29, 1977.
resources.
Discrimination prohibited
alth Resources
Sec. 3.
*
ent of Health
(g) It is the policy of the State of Texas that the blind, the visually
handicapped, and the otherwise physically disabled shall be employed by
y on the State
the state, by political subdivisions of the state, in the public schools,
duty perform-
and in all other employment supported in whole or in part by public funds
rd, subject to
on the same terms and conditions as the able-bodied, unless it is shown
that the particular disability prevents the performance of the work in-
ig.29,1977.
volved.
(h) The blind, the visually handicapped, and the otherwise physically
disabled shall be entitled to full and equal access, as other members of the
*
general public, to all housing accommodations offered for rent, lease, or
compensation in this state, subject to the conditions and limitations es-
1MISSION
tablished by law and applicable alike to all persons.
*
(1) Nothing in this section shall require any person renting, leasing,
or providing for compensation real property to modify his property in any
ubject to the
way or provide a higher degree of care for a blind person, visually handi-
ided by that
capped person, or otherwise physically disabled person than for a person
who is not physically disabled.
45
CHAPTER 45-FAIR HOUSING
SUBCHAPTER I-GENERALLY
Sec.
3601.
Declaration of policy.
3602.
Definitions.
3603. Effective dates of certain prohibitions.
(a) Application to certain described dwellings.
(b) Exemptions.
(c) Business of selling or renting dwellings defined.
3604.
Discrimination in sale or rental of housing.
3605.
Discrimination in financing of housing.
3606.
Discrimination in provision of brokerage services.
3607.
Religious organization or private club exemption.
3608. Administration.
(a) Authority and responsibility.
(b) Delegation of authority; appointment of hearing ex-
aminers; location of conciliation meetings; admin-
istrative review.
(c) Cooperation of Secretary and executive departments
and agencies in administration of housing and urban
development programs and activities to further fair
housing purposes.
(d) Functions of Secretary.
3609. Education and conciliation; conferences and consultations;
reports.
3610. Enforcement.
(a) Person aggrieved; complaint; copy; investigation;
informal proceedings; violations of secrecy; pen-
alties.
(b) Complaint; limitations; answer; amendments; verifi-
cation.
(c) Notification of State or local agency of violation of
State or local law enforcement proceedings; certifi-
State or local fair housing law; commencement of
cation of circumstances requisite for action by Secre-
tary.
(d) Commencement of civil actions; State or local reme-
dies available; jurisdiction and venue; findings; in-
junctions; appropriate affirmative orders.
(e) Burden of proof.
(f) Trial of action; termination of voluntary compliance
efforts.
T. 42 U.S.C.A. H 3101-4540-9
225
PUBLIC HEALTH AND WELFARE
Ch. 45
Sec.
3611. Evidence.
(a) Investigations; access to records, documents, and other
evidence; copying; searches and seizures; subpenas
for Secretary; interrogatories; administration of
oaths.
(b) Subpenas for respondent.
(c) Compensation and mileage fees of witnesses.
(d) Revocation or modification of petition for subpena;
good reasons for grant of petition.
(e) Enforcement of subpena.
(f) Violations; penalties.
(g) Attorney General to conduct litigation.
3612. Enforcement by private persons.
(a) Civil action; Federal and State jurisdiction; com-
plaint; limitations continuance pending concilia-
tion efforts ; prior bona fide transactions unaffected
by court orders.
(b) Appointment of counsel and commencement of civil ac-
tions in Federal or State courts without payment of
fees, costs, or security.
(c) Injunctive relief and damages; limitation; court costs;
attorney fees.
3613. Enforcement by Attorney General; issues of general pub-
lic importance; civil action; Federal jurisdiction; com-
plaint; preventive relief.
3614. Expedition of proceedings.
3615. Effect on State laws.
3616. Cooperation with State and local agencies administering fair
housing laws; utilization of services and personnel; re-
imbursement; written agreements; publication in Federal
Register.
3617. Interference, coercion, or intimidation; enforcement by civil
action.
3618. Authorization of appropriations.
3619. Separability of provisions.
SUBCHAPTER II-PREVENTION OF INTIMIDATION
3631. Violations; bodily injury; death; penalties.
SUBCHAPTER I-GENERALLY
§ 3601.
Declaration of policy
It is the policy of the United States to provide, within constitutional
limitations, for fair housing throughout the United States.
Pub.L. 90-284, Title VIII, § 801, Apr. 11, 1968, 82 Stat. 81.
226
42 § 3601
PUBLIC HEALTH AND WELFARE
Ch. 45
Ch. 45
have same right, in every state and terri-
housing, and to provide federal enforce-
(b) "Dwe
tory, as is enjoyed by white citizens
ment procedures for remedying such dis-
which is OCC
thereof to inherit, purchase, lease, sell,
crimination. Otero V. New York City
Housing Authority, C.A.N.Y.1973, 484 F.2d
dence by on
hold, and convey real and personal prop-
1122.
for sale or
erty. Id.
Fact that plaintiff failed to assert
This chapter was designed to provide,
building, str
timely claim under this chapter had no
within constitutional limit, for fair hous-
ing throughout the United States: the
(c) "Fam
effect on timeliness of cause of action
under section 1982 of this title relating to
intent was to end unfairness of racial
(d) "Pers
property rights of citizens. Hickman V.
discrimination forever. Zuch V. Hussey,
Fincher, C.A.S.C.1973, 483 F.2d 855.
D.C.Mich.19 394 F.Supp. 1028.
nerships, as
Section 1982 of this title and this chap-
This chapter. like other civil rights
tual compan
ter are independent and concurrent, and
laws, prohibits conduct with discrimina-
tions, truste
defendant by bringing himself within ex-
tory consequences as well as discrimina-
emption of section 3603 of this title by
torily motivated practices. U. S. V.
(e) "To
showing that he maintained rooms or
Grooms, D.C.Fla.1972, 348 F.Supp. 1130.
grant for a
units in dwellings containing living quar-
ters occupied or intended to be occupied
This chapter in establishing a national
the occupant
by no more than four families living in-
policy of fair housing throughout the
dependently of each other and that de-
United States carries with it the clear
(f) "Disc
fendant owner actively maintained and
implication that local housing authorities
ful under se
occupied all of such living quarters as
in conjunction with federal agencies re-
sponsible for housing programs are to
(g) "Stat
his residence did not thereby show any
defense to action under section 1982 of
affirmatively institute action the direct
bia, the Cor
this title. Johnson V. Zaremba, D.C.III.
result of which is the implementation of
1973, 381 F.Supp. 165.
dual and mutual goals of fair housing
possessions
and the elimination of discrimination in
Pub.L. 90-2
Victim of racial discrimination in pri-
such housing. Banks V. Perk, D.C.Ohio
vate housing has a claim under both this
1972, 341 F.Supp. 1175, affirmed in part,
chapter and section 1982 of this title.
reversed in part on other grounds 473 F.
Wright V. Kaine Realty, D.C.I11.1972, 352
2d 910.
F.Supp. 222.
Legislative
history and
This chapter did not preempt the ban
5. Retroactive effect
against discrimination in places of public
accommodation which exists under sec-
Passage of this chapter after oral argu-
ment in action for damages and injunc-
tion 1982 of this title. Crim V. Glover,
tive relief because of refusal of defend-
Dwellings
D.C.Ohio 1972, 338 F.Supp. 823.
ants to sell home in private subdivision
Apartment
to plaintiffs solely because of race, did
Children's
4. Purpose
not furnish basis for dismissing writ of
Mobile ho:
One of the purposes of this chapter is
certiorari as improvidently granted in
Vacant la:
the assurance of fair housing practices.
that coverage of section 1982 of this title
Garrett V. City of Hamtramek, C.A.Mich.
governing property rights of citizens was
1974, 503 F.2d 1236, on remand 394 F.
markedly different from that of this
Supp. 1151.
chapter. Jones V. Alfred H. Mayer Co.,
1. Dwellings
The policy of the United States con-
Mo. 1968, 88 S.Ct. 2186, 392 U.S. 409, 20
Apartment
tained in this chapter is to provide, with-
L.Ed.2d 1189.
within this el
in constitutional limitations, fair housing
Development
throughout the country. Williams V.
6. Weight and conclusiveness of admin-
Supp. 776.
Matthews Co., C.A.Ark.1974, 499 F.2d 819,
istrative construction
certiorari denied 95 S.Ct. 495, 507, 419 U.
2.
Child
Consistent administrative construction
S. 1021, 1027, 42 L.Ed.2d 294, 302.
of this chapter is entitled to great
Children's
This chapter was designed primarily to
weight. Trafficante V. Metropolitan Life
therefore "dv
prohibit discrimination in the sale, rent-
Ins. Co., Cal.1972, 93 S.Ct. 364, 409 U.S.
this chapter
205, 34 L.Ed.2d 415.
make unlaw
al, financing, or brokerage of private
operation of
8. V. Hugh
1975, 396 F.Su
§ 3602.
Definitions
3.
Mobil
As used in this subchapter-
A mobile 1
this section's
(a) "Secretary" means the Secretary of Housing and Urban Devel-
opment.
228
ARE
Ch. 45
Ch. 45
FAIR HOUSING
42 § 3602
provide federal enforce-
(b) "Dwelling" means any building, structure, or portion thereof
or remedying such dis-
o V. New York City
which is occupied as, or designed or intended for occupancy as, a resi-
C.A.N.Y.1973, 484 F.2d
dence by one or more families, and any vacant land which is offered
for sale or lease for the construction or location thereon of any such
IS designed to provide,
building, structure, or portion thereof.
nal limit, for fair hous-
he United States: the
(c) "Family" includes a single individual.
id unfairness of racial
ever. Zuch V. Hussey,
(d) "Person" includes one or more individuals, corporations, part-
F.Supp. 1028.
nerships, associations, labor organizations, legal representatives, mu-
like other civil rights
tual companies, joint-stock companies, trusts, unincorporated organiza-
onduct with discrimina-
tions, trustees, trustees in bankruptcy, receivers, and fiduciaries.
as well as discrimina-
practices. U. S. V.
(e) "To rent" includes to lease, to sublease, to let and otherwise to
1972, 348 F.Supp. 1130.
grant for a consideration the right to occupy premises not owned by
establishing a national
the occupant.
housing throughout the
rries with it the clear
(f) "Discriminatory housing practice" means an act that is unlaw-
local housing authorities
ful under section 3604, 3605, or 3606 of this title.
with federal agencies re-
busing programs are to
(g) "State" means any of the several States, the District of Colum-
titute action the direct
bia, the Commonwealth of Puerto Rico, or any of the territories and
is the implementation of
il goals of fair housing
possessions of the United States.
rion of discrimination in
Banks V. Perk, D.C.Ohio
Pub.L. 90-284, Title VIII, § 802, Apr. 11, 1968, 82 Stat. 81.
1175, affirmed in part,
on other grounds 473 F.
Historical Note
Legislative History. For legislative 1968 U.S.Code Cong. and Adm.News, p.
history and purpose of Pub.L. 90-284, see 1837.
(fect
is chapter after oral argu.
Notes of Decisions
for damages and injunc.
use of refusal of defend-
Dwellings
me in private subdivision
Apartment buildings 1
Jely because of race, did
Children's home 2
is for dismissing writ of
Mobile home sites 3
U. S. V. Grooms, D.C.Fla.1972, 348 F.Supp.
improvidently granted in
Vacant land 4
1130.
if section 1982 of this title
erty rights of citizens was
4.
Vacant land
rent from that of this
V. Alfred H. Mayer Co.,
1. Dwellings-Apartment buildings
Vacant land held for commercial use
was not a "dwelling" within section 3604
.Ct. 2186, 392 U.S. 409, 20
Apartment buildings were "dwellings"
of this title making it unlawful, for prof-
within this chapter. U. S. V. Real Estate
it, to induce or tend to induce any per-
Development Corp., D.C.Miss.1972, 347 F.
son to sell any dwelling by representa-
I conclusiveness of admin-
Supp. 776.
tions regarding entry or prospective en-
construction
try into neighborhood of person of par-
administrative construction
1. Children's home
ticular race. U. S. V. Mintzes, D.C.Ind.
ter is entitled to great
Children's home was "residence" and
1969, 304 F.Supp. 1305.
ficante V. Metropolitan Life
therefore "dwelling" within meaning of
1972, 93 S.Ct. 361, 400 U.S.
this chapter and this chapter applied to
Any representations by realtor to own-
415.
make unlawful any discrimination in
er of vacant land held for commercial use
operation of home on basis of race. U.
concerning entry into neighborhood of
8. V. Hughes Memorial Home, D.C.Va.
persons of particular race did not violate
1975, 396 F.Supp. 544.
section 3604 of this title making it un-
lawful, for profit, to induce or tend to
2.
- Mobile home sites
induce any person to well or rent any
dwelling by representations regarding en-
A mobile home site is included within
try of prospective entry into neighbor-
this section's definition of a "dwelling".
hood of persons of particular race. Id.
sing and Urban Devel.
229
42 § 3603
PUBLIC HEALTH AND WELFARE
Ch. 45
Ch
§ 3603.
Effective dates of certain prohibitions
Application to certain described dwellings
(a) Subject to the provisions of subsection (b) of this section and
section 3607 of this title, the prohibitions against discrimination in
the sale or rental of housing set forth in section 3604 of this title shall
apply:
(1) Upon enactment of this subchapter, to
(A) dwellings owned or operated by the Federal Govern-
ment;
(B) dwellings provided in whole or in part with the aid of
loans, advances, grants, or contributions made by the Federal
Government, under agreements entered into after November
20, 1962, unless payment due thereon has been made in full
prior to April 11, 1968;
(C) dwellings provided in whole or in part by loans in-
sured, guaranteed, or otherwise secured by the credit of the
Federal Government, under agreements entered into after
November 20, 1962, unless payment thereon has been made in
full prior to April 11, 1968: Provided, That nothing con-
tained in subparagraphs (B) and (C) of this subsection shall
be applicable to dwellings solely by virtue of the fact that
they are subject to mortgages held by an FDIC or FSLIC in-
stitution; and
shal
(D) dwellings provided by the development or the redevel-
opment of real property purchased, rented, or otherwise ob-
tained from a State or local public agency receiving Federal
financial assistance for slum clearance or urban renewal with
respect to such real property under loan or grant contracts
entered into after November 20, 1962.
(2) After December 31, 1968, to all dwellings covered by para-
graph (1) and to all other dwellings except as exempted by
subsection (b) of this section.
Exemptions
(b) Nothing in section 3604 of this title (other than subsection
Pub.
(c)) shall apply to-
(1) any single-family house sold or rented by an owner: Pro-
vided, That such private individual owner does not own more than
three such single-family houses at any one time: Provided fur-
ther, That in the case of the sale of any such single-family house
(n)
by a private individual owner not residing in such house at the
classi
time of such sale or who was not the most recent resident of such
house prior to such sale, the exemption granted by this subsection
shall apply only with respect to one such sale within any twenty-
Clvl
four month period: Provided further, That such bona fide pri-
230
Ch. 45
Ch. 45
FAIR HOUSING
42 § 3603
vate individual owner does not own any interest in, nor is there
owned or reserved on his behalf, under any express or voluntary
agreement, title to or any right to all or a portion of the proceeds
tion and
from the sale or rental of, more than three such single-family
ation in
houses at any one time: Provided further, That after December
itle shall
31, 1969, the sale or rental of any such single-family house shall
be excepted from the application of this subchapter only if such
house is sold or rented (A) without the use in any manner of the
sales or rental facilities or the sales or rental services of any real
Govern-
estate broker, agent, or salesman, or of such facilities or services
of any person in the business of selling or renting dwellings, or of
he aid of
any employee or agent of any such broker, agent, salesman, or
Federal
person and (B) without the publication, posting or mailing, after
|ovember
notice, of any advertisement or written notice in violation of sec-
le in full
tion 3604(c) of this title; but nothing in this proviso shall pro-
hibit the use of attorneys, escrow agents, abstractors, title compa-
loans in-
nies, and other such professional assistance as necessary to perfect
or transfer the title, or
lit of the
nto after
(2) rooms or units in dwellings containing living quarters OC-
made in
cupied or intended to be occupied by no more than four families
hing con-
living independently of each other, if the owner actually main-
tion shall
tains and occupies one of such living quarters as his residence.
fact that
SLIC in-
Business of selling or renting dwellings defined
(c) For the purposes of subsection (b) of this section, a person
redevel-
shall be deemed to be in the business of selling or renting dwellings if-
rwise ob-
(1) he has, within the preceding twelve months, participated as
Federal
principal in three or more transactions involving the sale or rent-
wal with
al of any dwelling or any interest therein, or
contracts
(2) he has, within the preceding twelve months, participated as
agent, other than in the sale of his own personal residence in pro-
by para-
viding sales or rental facilities or sales or rental services in two
mpted by
or more transactions involving the sale or rental of any dwelling
or any interest therein, or
(3) he is the owner of any dwelling designed or intended for
occupancy by, or occupied by, five or more families.
subsection
Pub.L. 90-284, Title VIII, § 803, Apr. 11, 1968, 82 Stat. 82.
ner: Pro-
Historical Note
more than
References in Text. Upon enactment of
Legislative History. For legislative
vided fur-
this subchapter, referred to in subsec.
history and purpose of Pub.L. 90-284, see
a)(1), means April 11, 1968, date of en-
1968 U.S.Code Cong. and Adm.News, p.
nily house
actment of Title VIII of Pub.L. 90-284, 1837.
use at the
classified to this chapter.
nt of such
subsection
Library References
y twenty-
Civil Rights and 11.5.
C.J.S. Civil Rights §§ 76 to 83.
fide pri-
231
Ch. 45
42 § 3603
PUBLIC HEALTH AND WELFARE
Ch. 45
(b) To dis
Notes of Decisions
privileges of
Exemptions
ices or facili
Generally 1
Single-family houses 2
Where defendant was charged solely
gion, sex, or
Units in dwellings containing quar-
with "blockbusting representations", un.
ters for four or less families 3
(c) To ma
der section 3604 of this title prohibiting
inducing or attempting to induce, for
lished any n
profit. any person to sell or rent any
or rental of
dwelling by representations regarding en.
1. Exemptions-Generally
try or prospective entry into neighbor
discrimination
In construing "single-family" exemp-
hood of person or persons of particular
all intention
tion of this section, word "owner" should
race or color, subsec. (b) (1) of this sec.
tion.
be given its plain meaning. Singleton V.
tion exempting certain sales of single.
Gendason, C.A.Cal.1976, 545 F.2d 1224.
family houses from coverage under sec.
(d) To re
tion 3604 of this title was not applicable.
A private, single-family homeowner, or
or national
U. S. v. Mitchell, D.C.Ga.1971, 327 F.Supp.
a "Mrs. Murphy" landlord who are per-
mitted by subsec. (b) of this section to
476.
male, or renta
effectuate their discriminatory prefer-
(e) For I
ences by refusing to sell or rent certain
3.
Units in dwellings containing
quarters for four or less faml.
rent any dw
dwellings to a particular racial, religious
lies
or ethnic group is not entitled either as
tive entry in
a constitutional right or as matter of
Exemption under subsec. (b) (2) of this
race, color, r
statutory construction to communicate in
section of rooms or units in dwellings
containing living quarters occupied or in.
Pub.L. 90-2
commercial advertising his intent to SO
discriminate. U. S. V. Hunter, C.A.Md.
tended to be occupied by no more than
93-383, Titl
1972, 459 F.2d 205, certiorari denied 93 S.
four families living independently of each
Ct. 235, 409 U.S. 934, 34 L.Ed.2d 189, re-
other where owner actually maintains
hearing denied 93 S.Ct. 3046, 413 U.S. 923,
and occupies one of such living quarters
37 L.Ed.2d 1045.
as his residence is inapplicable to claim
1074 Amend
based on section 1982 of this title declar.
whereve
2.
Single-family houses
ing that all United States citizens have
101.
same right as enjoyed by white citizens
Persons offering single-family residence
to inherit, purchase, lease, sell, hold and
Legislative
for rental were not "single-family" enti-
convey real and personal property. Mor.
history and P
tled to exemption when they listed such
ris V. Cizek, C.A.III.1974, 503 F.2d 1303.
rentals with multiple listing service;
while such multiple listing service was
In view of subsec. (b) (2) of this sec.
not real estate broker, dealer, or agent,
tion exempting rooms or units, in dwell.
Equal housing
services it offered fell within broad cate-
ings containing living quarters occupied
Vair housing
gory of services embraced in language
or intended to be occupied by no more
"business of renting dwellings". Single-
than four families if owner occupies one
ton V. Gendason, C.A.Cal.1976, 545 F.2d
of such living quarters as his residence,
1224.
from operation of section 3604 of this 11.
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tle governing discrimination in sale or
11
Where persons who offered single-fami-
rental of housing, potential tenant*'
ly residence for rental were not owners
Application an
claims under section 3604 of this title
of residence, but were themselves lessees,
Workbusting
governing housing rental for alleged act
they could not claim protection of "sin-
of racial discrimination, arising out of
Nurlness nece
gle-family" exemption. Id.
refusal of owners of two-family home to
Class or econo
Duplex does not constitute "single-fam-
lease an apartment in their home on
Constitutional
ily house" within meaning of this chap-
terms demanded by potential tenants,
Construction
ter. Lamb V. Sallee, D.C.Ky.1976, 417 F.
failed. Fred V. Kokinokos, D.C.N.Y.1972.
Delaying pure
Supp. 282.
347 F.Supp. 942.
Bilocharge of
Bilecouraging
§ 3604.
Discrimination in sale or rental of housing
Discrimination
privilege 2
As made applicable by section 3603 of this title and except as ex-
disarrimination
empted by sections 3603(b) and 3607 of this title, it shall be unlaw-
Generally
Class or
ful-
Occupation
(a) To refuse to sell or rent after the making of a bona fide offer,
Racial di*
or to refuse to negotiate for the sale or rental of, or otherwise make
Economic dis
unavailable or deny, a dwelling to any person because of race, color,
Failure to ml
11
religion, sex, or national origin.
232