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

Why Property Managers are Not the Enemy: A Value Proposition

Association Boards, attorneys, accountants, contractors, consultants and, yes, even property managers are integral to the proper function and operation of

What Community Associations Should Know About the Fair Housing Act and its Impact on Pool Rules and Regulations

With the summer heat wave in full force, it is nice to enjoy a refreshing dip in the pool to

Oppose HB 5655 – “Annual Budget Meeting” of Co-Owners and More (MI)

This bill would amend the Michigan Condominium Act to add a requirement that a condominium association must obtain majority co-owner