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………..
It’s not uncommon for homeowner associations to adopt rules that violate federal and state fair housing laws, or the Fair
Those of us who have been involved in representing community associations (in my case, for over forty-five years) have, no
Condominium Association Boards are often faced with making difficult decisions while governing their condominium projects. For example, some typical difficult