Cohousing-L Mailing List: Re: New members / fair housing laws

[Elizabeth Magill (pastorlizm]

The fair housing laws are here:
https://www.justice.gov/crt/fair-housing-act-2

What I have said, which may have prompted your memory is this...

There is much common language in the US that it is illegal to discriminate. 
That is not true. To the best of my knowledge there are three federal laws that 
limit how you can discriminate, one about housing, one about employment, and 
one about people with disabilities.

With respect to housing it is illegal according to federal law to discriminate 
based on race, color, religion, sex, handicap, familial status, or national 
origin. (Familial status is the presence of children.)

The rest of the law essentially describes the details of what constitutes a 
body that is subject to the law (advertising sources, lenders, professional 
sales people, builders, developers, etc.) So for example, you as an individual 
are not subject to the law (unless you are determined to be in the business of 
selling/renting real estate), but all advertisements, realtors, lenders, and 
your LLC must follow the law.

There is a large section on who is exempt, and how, most specifically that 
religious institutions might be exempt and over 55 communities are exempt from 
the familial status component if they meet certain requirements.

In general, you can discriminate in any other way that you want to...although 
many local communities have added additional "protected categories" including 
LGBTQ, and in Montgomery County Maryland "professional status" (that meant you 
couldn't advertise that you were looking for a "professional" to rent your 
home.) 



-Liz
(The Rev.) Elizabeth M. Magill
www.ecclesiaministriesmission.org
www.mosaic-commons.org
508-450-0431




On May 3, 2016, at 9:52 AM, Fred H Olson <fholson [at] cohousing.org> wrote:

> 
> Faier housing came up in this thread. Fair Housing Laws seem to be one
> of those topics on which there are a variety of opinions and
> particularly about how they apply to cohousing.  I presume we
> generally support them.
> 
> A search of Cohousing-L archives
> (http://lists.cohousing.org/archives/cohousing-L/ ) for
> (WITH quotes to avoid hits like 'laws ... housing at Fair Oaks") :
> "fair housing laws"
> got 50 hits. I did not read them all. But I vaguely recall one that
> said something like:
> 
> 'Cohousing has to follow fair housing laws and must not discriminate on
> the basis of specified criteria but that does not mean cohousing can
> not discourage people from moving to cohousing based on other
> criteria.'
> 
> That is we could discourage uncooperative people from joining.
> Note that the above is my opinion and not an authoritative statement.
> 
> Searching the Coho/US website ( http://www.cohousing.org )
> for "fair housing"   i.e without "laws")
> got one hit:
> 
> Presented by Joshua Rucker, 2008 National Cohousing Conference
> June 21, 2008
> FAIR HOUSING in layman's terms
> Institute for Human Centered Design
> Joshua Rucker
> Project Director DCRC/ FHA FIRST
> http://www.cohousing.org/node/2188
> 
> Unfortunately my quick browse of Rucker's pdf did not find much about
> what cohousing can do that is not prohibited by such laws.
> 
> I think an authoritative statement about what cohousing can do without
> violating fair housing laws would be helpful.
> 
> Anyone remember who posted the list message that I vaguely remember?
> Or think of how to dig it out of the 50 hits (presuming it is among them).
> Or feel like reading them all?
> 
> Fred
> 
> --
> I support Bernie Sanders for President but would support Hillary.
> Fred H. Olson  Minneapolis,MN 55411  USA        (near north Mpls)
>     Email:        fholson at cohousing.org      612-588-9532
> My Link Pg: http://fholson.cohousing.org
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