Violating the Fair Housing Act by Assessing Fines and Penalties

The number of cases alleging discrimination on race-based or sex-based violations of the Fair Housing Amendments Act (FHAA) is legion. Under the Fair Housing Amendments Act (FHAA), it is unlawful "to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. S 3604 Directors need to be aware that failure to prevent and/or properly respond to FHAA discrimination claims could land their association in an expensive law suit. Because many unlawful discrimination complaints often arise out of covenant enforcement, good record-keeping of covenant enforcement matters is crucial in establishing the association's legal basis for the action taken whether it be fines, warnings or legal action.

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Community E-ssentials, February 2003