Fair Housing ▶ SocialCurrentSee

THIS CASEBOOK contains a selection of 89 U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Housing Act. The selection of decisions spans from 2006 to the date of publication.

The Fair Housing Act declares that "it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." 42 U.S.C. § 3601. To achieve this goal, the FHA renders it unlawful to, among other things, "make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. § 3604(a). As relevant to this case, it provides several tools to do so. Avenue 6E Investments, LLC v. City of Yuma, Ariz., 818 F. 3d 493 (9th Cir. 2016).

[T]he Act proscribes discrimination in housing and housing-related matters based on a person's disability. See id. § 3604(f). Under the Act, a cognizable disability is "(1) a physical or mental impairment which substantially limits one or more of [a] person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment." Id. § 3602(h). Castillo Condo. v. US Dept. of Housing, 821 F. 3d 92 (1st Cir. 2016).

[T]he Act outlaws discrimination in connection with the terms, conditions, or privileges of housing. See id. § 3604(f)(2). Discrimination includes, among other things, the "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." Id. § 3604(f)(3)(B). Castillo Condo. v. US Dept. of Housing, ibid. Avenue 6E Investments, LLC v. City of Yuma, Ariz., ibid.