Facially Neutral Bylaws/Rules/Regs May Subject an Association to Liability Under the Fair Housing Act

On June 25, 2015, the United States Supreme Court decided Texas Dep’t of Housing and Community Affairs v. Inclusive Communities Project, __ US __ (2015), a decision that affects community associations throughout the country, including in Michigan. In a surprise to many court observers, the Supreme Court endorsed the disparate impact theory of liability under the federal Fair Housing Act, 42 U.S.C. § 3601, et seq., (the “Act”), as opposed to the stricter standard of disparate treatment. Under a disparate impact theory, a plaintiff does not have to prove discriminatory intent. This is in contrast to a disparate treatment theory of liability, under which liability depends on whether a protected trait “actually motivated” the decision being challenged.     Read the article………..


Related Articles

Court grants injunction against alleged discrimination by E. Texas property owners association

A Malakoff man said he was discriminated against by the Clearwater Bay Property Owners Association (POA) and he has taken

House Bill No. 5655: The Effective Repeal of a Condominium Association’s Ability to Collect Assessments and Other Misadventures in Legislation

On May 17th, 2016, Rep. Peter Lucido introduced a bill into the Michigan House which seeks to remake some very

Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions

Many planned communities, townhome communities, and condominiums (collectively, “Associations” since they are nearly universally governed by one) have restrictions that