AARP Asks Appeals Court to Enforce Housing Anti-Discrimination Law

AARP’s friend-of-the-court brief asks a federal appeals court to find a “bachelor pad” ad discriminated on the basis of sex and family status to the detriment of women, and families raising grandchildren and in violation of federal law.

Background

In seeking to rent its apartments, the Connor Group Inc. posted advertisements on Craigslist in the Dayton, Ohio, area stating “Great Bachelor Pad! ... Our one bedroom apartments are a great bachelor pad for any single man looking to hook up.” The Miami Valley Fair Housing Center (MVFHC), a nonprofit organization promoting fair housing and seeking to eliminate housing discrimination, noticed the advertisement and objected.

Connor Group is a real estate investment group that at the time of the ad owned and managed 15,000 rental units nationally. MVFHC filed a complaint alleging the ad violated federal housing law prohibiting discrimination, including discrimination based on sex and on family status. A trial court dismissed the suit, and MVFHC appealed.

AARP Foundation Litigation attorneys prepared a friend-of-the-court brief on behalf of AARP and 10 other national and Ohio organizations, pointing out that the federal Fair Housing Act (FHA) has long prohibited not only discriminatory action in renting or selling, but also discriminatory advertisements, and prohibitions include discrimination by gender or family status. AARP’s brief argues that Connor Group’s advertisement violates the clear language of the FHA and goes against long-established case law and federal regulations.

Family status was included in the law’s protections because of massive evidence of difficulties families with children were having in obtaining rentals. Housing costs represent the largest single expenditure for low-income families, often absorbing one-third of a family’s income. The situation is becoming more dire for grandparents as they increasingly take on the responsibility of caring for grandchildren, necessitating increased vigilance in the marketplace. In addition, this appeal court’s decision will affect how all FHA advertising cases are decided, and if the court does not accept the arguments of AARP and the plaintiff-appellants, the right to be free of discriminatory advertising based on race, national origin, sex, family status, religion and disability will be severely curtailed.

What’s at Stake

Federal fair housing law was enacted after intense debate, and its protections were carefully structured. Housing is a significant issue for low-income families, which are often headed by older grandparents. Moreover, if a major landlord can flout the law, compliance by smaller renters is hard to enforce.

Case Status

Miami Valley Fair Housing Center v. Connor Group is before the U.S. Court of Appeals for the 6th Circuit.