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Craigslist Sued For Violating Fair Housing Laws
The Good Reverend writes "The Associated Press has a report today about online classified site CraigsList being accused in a federal lawsuit of violating fair housing laws by publishing discriminatory classified ads. Current law, which applies to newspapers, prohibits ads that discriminate on the basis of race, gender, family status, religion, all of which can be found on Craigslist."
I was wondering why craigslist added the following text to all their housing related pages:
Fair Housing Is Everyone's Right
Stating a discriminatory preference in a housing post is illegal
When making any posting on craigslist, you must comply with section 3604(c) of the Federal Fair Housing Act.
(although we're in the 7th Circuit, and the issue is therefore a little more subtle, you can bet your sweet bippy the above will be dispositive)
There is plenty of case law that has upheld the constitutionality of anti-discrimination laws such as the fair housing act. Congress did not intend to give online companies a pass on those acts and intentionally facilitate discrimination.
There's also plenty of case law saying that online services are not responsible for the content of messages published. There is no evidence that Craigslist itself was discriminating against anyone - particularly since they have procedures for removing any ads which trigger complaints.
Clear, Dark Skies
I'm not sure how the ruling will classify (no pun intended) the ads on Craigslist - though I suspect that since there is no fee involved, Craigslist will have Common Carrier or equivalent status - I'm all for holding on-line sites to the same standard as print newspapers, so long as it TRULY the same standard.
That said, the relevant sections of the Fair Housing Act do NOT apply to ads for roommates or those looking to share a place they do not own. The law involves the Owner (or the duly-empowered representative) and any prospective lessee. I'm a little fuzzy on sub-leasing, but since most of that is a huge gray market anyway (most rental contracts forbid subleasing, but it's commonly ignored), I suspect that it isn't covered in the F.H.A. Note that if you own the place, renting out the spare room does make you the landlord, and you have to abide by the F.H.A. But if you're a renter, and just looking for a roommate, well, the F.H.A. doesn't apply, and you can specify that only Left Handed, Purple Skined Demon Sycophants can apply to be your roommate.
Most likely, the suit will get a summary judgement and be punted. But it at least should make those services which DO charge think about complying with the F.H.A. Which is only, well, fair.
-Erik
There are always four sides to every story: your side, their side, the truth, and what really happened.
Roommates fall outside of Fair Housing laws. You can discriminate all you want. You have the first amendment freedom of association clause to thank for that. The FHA applies to people renting apartments, houses and the like.
Not sure if he's specifically thinking of this act, but the Communications Decency Act will almost certainly protect them. The Ninth Circuit already came down in a very similar case (Fair Housing Council of San Fernando Valley v. Roommate.Com, LLC., 33 Media L. Rep. 1636 (C.D. Cal. Sept. 30, 2005)) that the online ads were protected. While this certainly isn't binding on the present case, it is persuasive, and there are various other rulings that suggest the CDA is a very broad and powerful statute.