Cohousing-L Mailing List: Re: Discrimination in housing

[RowenaHC (RowenaHC]

In a message dated 8/18/00 11:37:03 PM Eastern Daylight Time, Berrins [at] 
aol.com 
writes:

> 
 I do think, however, you can opt to not allow certain folks to 
> 
>  become members as long as you don't break any discrimination laws. 


This issue keeps coming up.  Those of us who are lawyers keep pointing out 
that the laws against discrimination in housing are quite limited.  In most 
states (federal laws won't apply unless your development is subject to 
federal law for some reason such as federal funding) the "protected" classes 
are race, religion and ethnic/national origin;  some states include families 
with children and sexual orientation - your lawyer will be able to tell you.  
  These are not the bases on which cohousing communities want to  make 
choices, but if the individuals you don't want fall into these classes there 
is probably a legal presumption that the discrimination is based on the 
"protected" qualification regardless of the "real" reason.

There have been some odd cases in Massachusetts dealing with fundamental 
Christians who want to refuse to rent to unmarried couples for religious 
reasons.  The courts have permitted this in owner-occupied buildings with 
fewer than 3 units - which is a Solomonic but (I think) reasonable kind of 
compromise between respect for religious beliefs on the one hand and rights 
to privacy on the other.  So-called three-deckers are a substantial portion 
of the housing stock in working-class neighborhoods in the Northeast.  

(Incidentally, there is no such "right of privacy" spelled out in the 
Constitution, it is a "right" created by the Supreme Court to overturn such 
laws as those prohibiting use of birth control measures.  This right to 
privacy will likely vanish if the Republicans get the opportunity to stack 
the Supreme Court in the next four years!)

Rowena
at Cambridge Coho