Cohousing-L Mailing List: Re: Cohousing vs "traditional" self-managed community

[Hannah Ferber (hannah.ferber]

Lisa, thank you for kicking off this helpful conversation—and hello from
just a few miles east of you! I'm also really appreciating the insights
others have shared so far.

I wanted to add a quick note of caution about state-level differences that
might affect what Elizabeth described. For example, Oregon law extends
beyond the protections provided by federal law, including coverage of some
transactions and housing types that may be exempt under the Fair Housing
Act. That means, in Oregon, even private individuals selling a single home
are prohibited from discriminating against protected classes. In practice,
state law likely overrides federal law on this.
Personally, I prefer to focus on honoring the intent of the law—doing what
we can to be as inclusive as possible—rather than centering the fear of
lawsuits. I bet that's true of most of us. That said, I do believe that
being good stewards of our community’s health and well-being includes
taking reasonable steps to avoid the significant financial and time costs
that a lawsuit could bring.

Hannah Ferber
Mason Street Townhomes Co-Housing
Portland, Oregon







On Thu, Jun 12, 2025 at 5:12 AM Sharon Villines via Cohousing-L <
cohousing-l [at] cohousing.org> wrote:

> Thank you to Elizabeth for the clarification of where the “law” applies
> and where it doesn’t. I still want to stress the importance of reading laws
> as best case scenarios instead of worst case. While it is true that some
> judges might interpret a law from the most unintended interpretation there
> is another factor to be consideredl.
>
> This is one of my umbrella issues that drive some people nuts, so bewarel.
>
> Timothy Snyder’s work on “On Tyranny" gives the 20 lessons learned in the
> 20th century about how tyranny takes hold and how to squelch it.
>
> The first lesson is "Do not obey in advance.”
>
> "Most of the power of authoritarianism is freely given. In times like
> these, individuals think ahead about what a more repressive government will
> want, and then offer themselves without being asked. A citizen who adapts
> in this way is teaching power what it can do.”
>
> Anticipatory obedience is a political tragedy.
>
> This is why Trumpism and MAGA prepared themselves for years to act fast.
> They know that just saying something is true, makes it true. Knowlege is
> constructed and they are fully prepared to construct it.
>
> In the case of the Fair Housing Law, the effect of a law preventing
> discrimination has been interpreted as restricting freedom, when the
> original purpose is the opposite. Cohousers across the country, as clearly
> evidenced on this list, are obeying in advance. Obeying in fear of what
> might be true instead of making reasonable decisions about what is fair or
> not fair.
>
> It is wise to review wording to be sure it isn’t unintentionally
> discriminatory and rejecting people on the basis of religion, age, family
> status, etc. Words mean diferent things to different people. The dog
> whistles that only some of us hear.
>
> But anyone who thinks that a cohousing community is violating the Fair
> Housing Act because they want more children would have a very hard time
> making the case.
>
> If you were to say we want children with two parents in residence, or  two
> parents of opposite genders, then you would probably have trouble.
>
> But don’t obey the ridiculous interpretation of the Act in advance.
> Tumrp’s anti-inclusion actions are discriminatory and people are falling
> all over themselves to go along with them—entirely based on what “might” be
> true.
>
> Don’t make it true.
>
> Sharon
>
>
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