PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

Friday, February 3, 2012

9th Circuit on the FHA and Roomates

In an opinion by Judge Kozinski, no less.  The case presented the vexing problem of whether a discriminatory preference in an ad for a roommate violated the FHA.  The problem, of course, is that the Mrs. Murphy exemption does not apply to the prohibition on discriminatory advertisements in Section 3604(c).  Held - the FHA does not apply to roommates, in part because of constitutional concerns about freedom to choose personal living arrangements.

H/T Eugene Volokh.

Ben Barros

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