Music: Jefferson Airplane/Starship Behind the Music Collection

Recorded 1966-1989

SECTION C1:If you did not have a chance on

Wednesday to confirm your e-mail address, please check with me.

Music: Jefferson Airplane/Starship Behind the Music Collection

Recorded 1966-1989

LUNCH TODAYMeet on Bricks @ 12:05

Boos Delsontro Evans Haber Kadosh Mastrucci Widmer

VOLUNTEERING & PATIENCE

Fair Housing Act42 U.S.C. §3601 et seq.

(1968, as amended 1988)

DQ13. The most fundamental provisions of the FHA are §§3604(a) and (f)(1), which prohibit discrimination in

the sale or rental of housing. What sorts of people are protected by these

provisions? §3604. Discrimination in the sale or rental of housing and other prohibited practices. ... [E]xcept as exempted by [§§ 3603(b) and 3607], it shall be unlawful–(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.

DQ13. The most fundamental provisions of the FHA are §§3604(a) and (f)(1), which prohibit discrimination in

the sale or rental of housing. What sorts of people are protected by these

provisions? §3604. Discrimination in the sale or rental of housing and other prohibited practices. ... [E]xcept as exempted by [§§ 3603(b) and 3607], it shall be unlawful–(f)(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of—

(A) that buyer or renter,(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(C) any person associated with that buyer or renter.

DQ14. What is discrimination on the

basis of “familial status”?

DQ14. What is discrimination on the basis of

“familial status”? §3602 (k) "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with—

(1) a parent or another person having legal custody of such individual or individuals; or(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

DQ14. Why might “familial status” discrimination be a

serious problem? §3602 (k) "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with—

(1) a parent or another person having legal custody of such individual or individuals; or(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

DQ14. §3607(b): Discrimination on the basis

of “familial status” inapplicable to

“Housing for Older Persons”• Exception for certain housing primarily

intended for senior citizens that meets specific statutory definition.• “Been there, done that” exception.• Shows political clout of AARP and other senior citizens’ groups.

DQ15. The FHA prohibits discrimination on the basis of “sex.” In what kinds of situations do you imagine housing discrimination on

the basis of sex most commonly occurs?

DQ15. In what kinds of situations do you imagine housing discrimination on

the basis of sex most commonly occurs?• Discrimination against women trying to get

mortgage• Sexual Harassment of female tenants by male landlords• Note that most sex discrimination re room-mates falls under exemptions, but HUD inter-prets statute to also allow sex-based roommate advertising.

DQ16. What do you think is the purpose of

§3604(e) (blockbusting)?[I]t shall be unlawful … For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

DQ16. What do you think is the purpose of §3604(f)(3)

(A) (reasonable modifications)?For purposes of this subsection, discrimination

includes … a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises …;

DQ16. Exemptions• §3607(a): Religious Organizations: Homes for clergy & religious orders; religious colleges, nursing homes, etc.• §3607(a): Private Clubs: Sensible extension of Private Club exception in Title II• §3603(b)(2): “Mrs. Murphy”: Privacy & control for owners re renters in private home or small boarding house if living on premises & no more than 3 rental units.

DQ16. Exemptions• §3603(b)(1): Single Family House (SFH): Sale or rental of SFH by owner if owns less than four SFHs and no use of real estate professionals or of discriminatory advertising. • If rental, similar to “Mrs. Murphy”: control of your own property if not too many units.

• If sale, why exempt?

Administration &

Logistics

Administration & Logistics• All power point presentations will be posted on the course page after both classes have been through them

• Monday/Tuesday we’ll continue with Shack Discussion Qs

• Saturday by 5 p.m. I’ll post next set of course materials & updated syllabus and assignment sheet

Administration & Logistics• Dean’s Fellow Sessions Start Next Week:– Monday 10-10:50 a.m. Room F309– Thursday 12:30-1:20 p.m. Room LC170

• Both sessions will cover “topic of the week” and material from the prior week’s class.

Administration & Logistics• Panel Assignments posted on course page

• If hurricanes or tropical storms in the Atlantic reach 25° North Latitude well to the East of Florida they almost certainly will not hit us. Thus, Danielle & Earl are not going to be our problems.

Administration & Logistics

WRITTEN ASSIGNMENT #1• Make specific focused arguments applying Shack to new situation.

• Make sure points are responsive to categories; don’t try to make all possible arguments under any one heading or even in the submission as a whole.

Administration & Logistics

WRITTEN ASSIGNMENT #1• Length of individual arguments will vary. Under one heading, you may make multiple points if they are responsive, but you may also just make a single strong point.

• Edit thoroughly & carefully.

Administration & Logistics

WRITTEN ASSIGNMENT #1• Cooperate with your teammates; make time to meet and to do your share of the work.

• Coordinators: Follow formatting directions carefully.

•Qs?

STATE v. SHACK

(N.J. 1971)

DQ22: Applying Other Authority to Facts of Shack

• Shack precedes Schmid & JMB, so why do this?

DQ22: Applying Other Authority to Facts of Shack

• Shack precedes Schmid & JMB, so why do this?• Three-Part BalancingTest from

Schmid:1. Normal Use of Private Property2. Extent & Nature of [Public]

Invitation3. Compatibility of Speech [Entrance]

with Normal Use

DQ22: Applying Other Authority to Facts of Shack

• Shack precedes Schmid & JMB, so why do this?

• Three-Part BalancingTest from Schmid:• Comparison with Facts of JMB