Fair Housing Act Violations

Does a tenant's guest have legal standing to sue the tenant's landlord?

The Fair Housing Act, also known as the Civil Rights Act of 1968, prohibits persons involved in residential real estate-related transactions from discriminating against a person on the basis of race, color, religion, national origin, sex, handicap or familial status. The Act among other things makes it illegal to discriminate against any protected class when selling or renting a dwelling, and further prohibits intimidation or threats against any person who encourages any other person in the exercise of any right protected by the Act.

Lane v Cole, 88 F Supp2d 402 (ED Pa 2000).

Question Before the Court: Does a tenant's guest have legal standing to sue the tenant's landlord for violations of the Fair Housing Act?

FACTS: A white tenant rented an apartment from Defendant landlord. All occupants of the apartment building were white, and the surrounding neighborhood was virtually all white. Plaintiff guest, who was black and a friend of the tenant, visited the tenant on several occasions.

Defendant landlord later contacted the tenant and asked her if Plaintiff guest was black. When the tenant responded affirmatively, Defendant told her she should look for another place to live because the neighbors were not tolerant of that. Defendant subsequently confronted the tenant in the apartment hallway and, in the presence of Plaintiff, told her to "remove the blacks" or he would "put her in the hospital" or "kill her." Both the tenant and Plaintiff guest filed a lawsuit against Defendant landlord alleging that Defendant violated the Fair Housing Act. Defendant contended that only the tenant had standing to file a Fair Housing Act claim.

DECISION: In the first case of its kind, a federal district court ruled that the Fair Housing Act allows an aggrieved person to bring a lawsuit, provided the discriminatory harm suffered is unique and identifiable. Because Plaintiff guest had suffered harm from Defendant's discriminatory housing practices, she had a valid claim under the Fair Housing Act