Fair Housing & Discrimination based on Family Status

[BoredAtty]

Forgive me for asking, but have you been hired by someone in this type of case? Then it isn't it YOUR job (for which you are being paid) to find this case law?

No, I have not been hired by someone for this case. Therefore, it isn't MY job (as I am not being paid) to find this case law.

Shouldn't you be researching federal and state cases to find applicable case law to help prevent an eviction of your client?

No.

Personally, I wouldn't have much confidence in an attorney who turns to a web site for free landlord advice to find my legal defense. (Does your client know this how you are working to prepare his/her defense?) Don't take this personally, but that's my opinion. Maybe you could conference with a more experience colleage who has dealt with family law?

Thank you for sharing your uninformed opinion and criticisms.

 

[Alaska landlord]

Thank you for sharing your uninformed opinion and criticisms.

I'm with OH on this. I have been wondering about the same thing. You would think an attorney would have access to websites that the general public is unaware of.

 

[OHlandlord]

That was my thought Alaska. What kind of attorney (worth his salt) goes on a free public landlord web site to ask for case law? With the myriad of law books, web law sites, and the number of fair housing attorneys out there to consult, and he asks US??? Not knocking us as LLs, but most of us aren't attorneys. We may know a very specific section of the law that deals with our rentals -deposits, statement timelines, etc., but how many of us have had a fair housing case against us? Not many good LLs would. Most of us don't do things to get fair housing cases against us.

I certainly wouldn't hire an attorney who went on a web site like this to get his case law. And he calls himself bored to boot... However, maybe if he noticed the link to the right that says, "Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! " Maybe the highly respected attorney would know this elusive case law that a bored attorney seeks. Again, just mho.

 

[Alaska landlord]

You may have something there OH. Could it be that the lack of clientele and therefore lack of funds may have been the sole contributing factor for his inquiry and perhaps even his jaded state of mind?

 

[CA LL]

My guess?

An attorney in a completely different field that offered to "help out" a friend or relative BUT doesn't know this area of law at all..just a guess.

 

[BoredAtty]

That was my thought Alaska. What kind of attorney (worth his salt) goes on a free public landlord web site to ask for case law? With the myriad of law books, web law sites, and the number of fair housing attorneys out there to consult, and he asks US??? Not knocking us as LLs, but most of us aren't attorneys. We may know a very specific section of the law that deals with our rentals -deposits, statement timelines, etc., but how many of us have had a fair housing case against us? Not many good LLs would. Most of us don't do things to get fair housing cases against us.

I certainly wouldn't hire an attorney who went on a web site like this to get his case law. And he calls himself bored to boot... However, maybe if he noticed the link to the right that says, "Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! " Maybe the highly respected attorney would know this elusive case law that a bored attorney seeks. Again, just mho.

Some of you people are incredible. First, I'm accused of being an irresponsible parent with misbehaving kids. Now I'm a lawyer who relies on a free internet forum to defend my clients. For the record, I am neither a parent with a screaming baby who is about to be evicted, nor am I defending a parent with a screaming baby who is about to be evicted.

Rather, an acquaintance asked me if I happened to know anything about this issue off the top of my head. Though I admitted I did not, I later decided to briefly research the issue to see if I could find instructive case law that I could share with her on Monday. In other words, I decided to do for her what I have done a few times for people in here.

When I started this thread, my thought was that another knowledgeable member might provide a lead so I would only need to spend 15 minutes rather than 90 minutes of my busy weekend researching. I realized my chances of getting a useful reply were slim to none, since most -- though not all -- who proffer "advice" know little about the law, and many appear to post for no other reason than to belittle those seeking help (to the point of inventing facts to disparage when necessary -- see various replies in this thread). I took a chance anyway, thinking there was a possibility, however unlikely, that I'd strike gold and save myself some time. I won't make that mistake again. Fair enough?

PS: If in your humble opinion I'm not worth my salt because of this thread...big f'ing deal.

To those who posted intending to help, thank you. I found what I needed fairly quickly, and my acquaintance will surely be both surprised and pleased tomorrow when I share my findings.

 

[BoredAtty]

My guess?

An attorney in a completely different field that offered to "help out" a friend or relative BUT doesn't know this area of law at all..just a guess.

Bingo!

 

[Alaska landlord]

It is precisely because you are an attorney that you should expect the bar to be raised when it comes to legal issues. There are many legal sites with many attorneys that post on a regular basis. Your question brought about the same kind of response that would have been generated if a physician were to ask about a specific diagnosis from a website of medical lab technicians. Though it is probable that someone may have the answer, It does not inspire confidence in that physician. Of course you can apply this to any professional field. All in all, we had a little fun at your expense and you shouldn’t take it too personal. Hell, you should see some of the messes I get myself into here.

 

[BoredAtty]

It is precisely because you are an attorney that you should expect the bar to be raised when it comes to legal issues. There are many legal sites with many attorneys that post on a regular basis. Your question brought about the same kind of response that would have been generated if a physician were to ask about a specific diagnosis from a website of medical lab technicians. Though it is probable that someone may have the answer, It does not inspire confidence in that physician. Of course you can apply this to any professional field. All in all, we had a little fun at your expense and you shouldn’t take it too personal. Hell, you should see some of the messes I get myself into here.

You seem to have the mistaken belief that my question was motivated by a total lack of understanding, and that I sought the advice of landlords to help guide me out of my bewilderment.

I assure you, the little knowledge I had of this legal issue prior to starting this thread was miles ahead of 99% of the members here -- and I knew that going in. If I could have done so without sounding condescending, I would have asked that only the 3 or 4 other attorneys who frequent this website respond, as I knew that the majority of responses I received from others would be superficial and useless. Truthfully, though, I got a laugh out of a couple of the more ridiculous responses, so I'm glad I didn't (Cvillecpm's first post wins the award...).

In other words, my question was motivated partly by a desire to save a few minutes of my time (though I knew it would be unlikely), and partly for entertainment purposes. If you think I lowered the bar or fail to inspire confidence...well...

 

[You Are Guilty]

For whatever it's worth, I'm thoroughly enjoying this thread, you baby-beating, no Lexis-using, lack of confidence-inspiring, drunken bored lawyer, you.


Care to share the results of your research?

 

[Alaska landlord]

you seem to have the mistaken belief that my question was motivated by a total lack of understanding, and that I sought the advice of landlords to help guide me out of my bewilderment.

I assure you, the little knowledge I had of this legal issue prior to starting this thread was miles ahead of 99% of the members here –

Yea right! and how many of us would be inclined to seek your services after reading your post? It’s not like you exactly inspired confidence..

As for Civillcpm, I get the feeling she can run circles around you.

You might try feeding your baby!

 

[BoredAtty]

For whatever it's worth, I'm thoroughly enjoying this thread, you baby-beating, no Lexis-using, lack of confidence-inspiring, drunken bored lawyer, you.


Care to share the results of your research?

LOL.

Well, in a nutshell, the FHA prohibits discrimination based on familial status. Case law indicates that where a plaintiff can show that a landlord failed to rent an apartment to a would-be tenant due to her noisy children, that plaintiff has proved a prima facie case for discrimination under the FHA. By extension, one can assume that the same holds true in an eviction case, and in fact, there is other case law stating that the FHA can be applied to tenants already in possession of the premises. That said, the case most on point was the pre-FHA case I already quoted from NY, in which the court ruled that the noise of a child's normal activities was not a breach of the lease. CA LL's point about curable disturbances seems exactly right.

 

[BoredAtty]

Yea right! and how many of us would be inclined to seek your services after reading your post? It’s not like you exactly inspired confidence..

No? What exactly doesn't inspire confidence? The fact that in my first post I indicated enough of an understanding to have pointed out exactly which law was applicable, and that I believed that a child's normal crying was protected behavior? Maybe it was when I quoted relevant case law backing my position the following day?

No, I suspect it has more to do with your obtuse misjudgment.

As for Civillcpm, I get the feeling she can run circles around you.

Well, I have to admit, she was quite impressive when, not knowing any of the facts or details motivating my first post, she lectured that my landlord was holding me responsible for my misbehaving baby, and that my lack of action and acceptance of responsibility for my child's crying does not allow me to use the FHA to cover my parental duties.

Yeah, that was a good post. Way to go. I'm intellectually crushed.

I'm sorry, but Miss Cleo she ain't...

 

[You Are Guilty]

Ah, more shifting burden crappola. Now it's time to play "Name That Pretext".

(Incidentally, not sure how much deference an old Queens civil court case will get with HUD, but it's probably the right result overall).

 

[LindaP777]

Some of you people are incredible.

Another satisfied customer!!!