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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