D.C. ban on advertising preference for political affiliation in
VOLOKH at law.ucla.edu
Thu May 20 14:00:39 PDT 2004
Hmm -- how does that cover the typical roommate situation? Say Jane Doe lives in a large apartment building on Connecticut Ave. Her roommate has moved out, so she's looking for a new one, but she doesn't want to rent to a Republican. Subsection (a) doesn't apply because it's a big building and the building's owner doesn't occupy any of the units. Subsection (b) doesn't apply because there's no statute prohibiting Republicans living anywhere. Subsection (c) doesn't apply because this isn't a single-family home. Doe is thus covered by the law, and is acting illegally if she publishes her "no Republicans" ad. What am I missing here?
Jason Mazzone writes:
> But there are exceptions (below), which seem to cover the
> roommate scenario and since the discrimination would not be
> unlawful the advertising ban does not apply. Or am I
> misreading the statute?
> Jason Mazzone
> 2-1402.24. Exceptions.
> (a) Nothing in this chapter is to be construed to apply to
> the rental or leasing of housing accommodations in a building
> in which the owner, or members of his family occupy one of
> the living units and in which there are, or the owner intends
> that there be, accommodations for not more than:
> (1) Four families, and only with respect to a prospective
> tenant, not related to the owner-occupant, with whom the
> owner-occupant anticipates the necessity of sharing a kitchen
> or bathroom; or
> (2) Two families living independently of each other.
> (b) Nothing contained in the provisions of this chapter shall
> be deemed to permit any rental or occupancy otherwise
> prohibited by any statute, or by any regulation previously
> enacted and not repealed herein.
> (c) Nothing in this chapter shall apply to the sale or rental
> of a single-family home sold or rented by an owner if:
> (1) The owner does not own more than 3 single-family homes at
> any one time; or own any interest in, or has owned or
> reserved on his behalf, under any express or voluntary
> agreement, title to any right to all or a portion of the
> proceeds from the sale or rental of more than 3 single-family
> homes at any one time. This exemption shall apply only to one
> sale within a 24-month period of the sale of any
> single-family home by a private owner not residing in that
> home at the time of the sale or who was not the most recent
> resident of that home prior to the sale.
> (2) The home was sold or rented without:
> (A) The use of the sales or rental facilities or services of
> a real estate broker, agent, or salesperson, or of the
> facilities or services of any person in the business of
> selling or renting dwellings, or of any employee or agent, or
> sales person; and
> (B) Without the publication, posting or mailing, after
> notice, of any advertisement in violation of § 2-1402.21(a)(5).
> Jason Mazzone
> Assistant Professor of Law
> Brooklyn Law School
> 250 Joralmeon Street
> Brooklyn, NY 11201
> (718) 780-7514 (voice)
> (718) 780-0394 (fax)
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