The Fair Housing Act: A Primer on Analyzing and Avoiding Discrimination Claims

The Fair Housing Act, 42 U.S.C§ 3604 (the "FHA") was originally enacted in the wake of the assassination of Dr. Martin Luther King, Jr. It is one of our country's most important laws. It protects people from discrimination when they rent, buy, or secure financing for housing. The categories of people protected are those who claim that they have been discriminated on the basis of race, color, national origin, religion, sex, disability and familial status.

This course, taught by Deborah Koplovitz, a New York City-based shareholder at Anderson Kill P.C., will take a deep dive into the FHA from the perspective of a housing provider as well as a person covered under the act. It examine the implications of private and public conduct, which are both covered under the law. The viewer will gain a understanding of the standards of law that apply to various types of claims, from unfair lending practices, to requests for reasonable accommodations and  retaliation claims. In addition, the program will cover the legal thresholds that potential claimants are required to meet, and equip practitioners to both make and defend against claims under the FHA. Viewers will also broaden their knowledge about the types of damages that are at stake with an FHA claim and how to comply with the law and avoid any such claim in the first place.

Ms. Koplovitz is a real estate lawyer who has regularly defended against FHA claims as well as pursued requests for individuals under the FHA. She has previously presented a CLE program for Lawline on the 2017 SCOTUS case on the FHA, Bank of America v. City of Miami. 

1. Grasp the fundamentals of the scope and terms of the FHA
2. Gain familiarity with HUD guidelines and the Code of Federal Regulations, which are the implementing regulations for the FHA
3. Identify the obligations that the FHA imposes on housing providers as well as lenders
4. Review the differences between the FHA and the ADA
5. Discuss the types of claims that plaintiffs can make, and the risks to housing providers who violate the FHA