Selects Of Tenants (herein Of Unlawful Discrimination)
-cannot discriminate in ads
Nothing in section 3504 shall apply to:
-a single family house rented by an owner provided the owner does not own more than 3 single family houses and the renting was not added by a salesman, and without publication -Miss Murphy exception: -rooms or living corridors occupied or intended to be occupied by no more than 4 families independent of each other, provided that the owner occupies one of the living corridors as his residence.
Section 3604 cont.
-But, to make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, family status or national origin, or an intention to make any such preference or limitation is not allowed
-renting private dwelling -> can discriminate of selection but not ads -family status = kids -material status = same sex couples, non married couples, married couples -limit on occupancy is ok
-a discriminatory motive need not be proved in order to make out a prima facie case under the Fair Housing Act, proof of discriminatory impact or disparate treatment is sufficient -in contract, claims under the Civil Rights Act of 1866 probably do not require proof of intentional or purposeful discrimination