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Old 03-06-2003, 09:20 PM
Vox Humana
 
Posts: n/a
Default garden police gone wild?


"paghat" wrote in message
news
Communities regulated by Home Owner Associations CAN define the
age, religion, social status, & race of "appropriate" members permitted to
buy houses within the housing enclave -- & no matter how agregiously
prejudiced, it's perfectly legal, nothing those gawdamn queers & darkies
or whoever's left out can do to stop it, neener neener. The loophole makes
it legal to keep grandparents from letting their kids or grandchildren
move in when a housing community outlaws anyone under the age of 60; it
keeps Jews out of Christian housing districts; it can even be "gated" with
a guard at the front gate to protect middleclass whities from "crime"
which is a code-word for "******s." It makes it legal to be upfront &
openly judgemental about why the mixed-race family is rejected from buying
into the given community, & if they think they should have the right to
sue over discrimination, tough.


Most of what your wrote is a complete fabrication. Here is the applicable
federal law. The complete statue can be found at:
http://www.usdoj.gov/crt/housing/title8.htm
Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and
other prohibited practices


As made applicable by section 803 of this title and except as exempted by
sections 803(b) and 807 of this title, it shall be unlawful--

(a) To refuse to sell or rent after the making of a bona fide offer, or to
refuse to negotiate for the sale or rental of, or otherwise make unavailable
or deny, a dwelling to any person because of race, color, religion, sex,
familial status, or national origin.
(b) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services
or facilities in connection therewith, because of race, color, religion,
sex, familial status, or national origin.

(c) To make, print, or publish, or cause to be made, printed, or published
any notice, statement, or advertisement, with respect to the sale or rental
of a dwelling that indicates any preference, limitation, or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin, or an intention to make any such preference, limitation, or
discrimination.

(d) To represent to any person because of race, color, religion, sex,
handicap, familial status, or national origin that any dwelling is not
available for inspection, sale, or rental when such dwelling is in fact so
available.

(e) For profit, to induce or attempt to induce any person to sell or rent
any dwelling by representations regarding the entry or prospective entry
into the neighborhood of a person or persons of a particular race, color,
religion, sex, handicap, familial status, or national origin.

(f)

(1) To discriminate in the sale or rental, or to otherwise make
unavailable or deny, a dwelling to any buyer or renter because of a handicap
of--

(A) that buyer or renter,
(B) a person residing in or intending to reside in that dwelling after
it is so sold, rented, or made available; or

(C) any person associated with that buyer or renter.

(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of services
or facilities in connection with such dwelling, because of a handicap of--


(A) that person; or
(B) a person residing in or intending to reside in that dwelling after
it is so sold, rented, or made available; or

(C) any person associated with that person.

(3) For purposes of this subsection, discrimination includes--


(A) a refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing premises occupied or to be occupied by
such person if such modifications may be necessary to afford such person
full enjoyment of the premises, except that, in the case of a rental, the
landlord may where it is reasonable to do so condition permission for a
modification on the renter agreeing to restore the interior of the premises
to the condition that existed before the modification, reasonable wear and
tear excepted.
(B) a refusal to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to afford
such person equal opportunity to use and enjoy a dwelling; or

(C) in connection with the design and construction of covered
multifamily dwellings for first occupancy after the date that is 30 months
after the date of enactment of the Fair Housing Amendments Act of 1988, a
failure to design and construct those dwelling in such a manner that--


(i) the public use and common use portions of such dwellings are
readily accessible to and usable by handicapped persons;
(ii) all the doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to allow passage by
handicapped persons in wheelchairs; and

(iii) all premises within such dwellings contain the following
features of adaptive design:


(I) an accessible route into and through the dwelling;
(II) light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;

(III) reinforcements in bathroom walls to allow later installation
of grab bars; and

(IV) usable kitchens and bathrooms such that an individual in a
wheelchair can maneuver about the space.

(4) Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing accessibility and
usability for physically handicapped people (commonly cited as "ANSI
A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii).

(5)


(A) If a State or unit of general local government has incorporated
into its laws the requirements set forth in paragraph (3)(C), compliance
with such laws shall be deemed to satisfy the requirements of that
paragraph.
(B) A State or unit of general local government may review and approve
newly constructed covered multifamily dwellings for the purpose of making
determinations as to whether the design and construction requirements of
paragraph (3)(C) are met.

(C) The Secretary shall encourage, but may not require, States and
units of local government to include in their existing procedures for the
review and approval of newly constructed covered multifamily dwellings,
determinations as to whether the design and construction of such dwellings
are consistent with paragraph (3)(C), and shall provide technical assistance
to States and units of local government and other persons to implement the
requirements of paragraph (3)(C).

(D) Nothing in this title shall be construed to require the Secretary
to review or approve the plans, designs or construction of all covered
multifamily dwellings, to determine whether the design and construction of
such dwellings are consistent with the requirements of paragraph 3(C).

(6)


(A) Nothing in paragraph (5) shall be construed to affect the
authority and responsibility of the Secretary or a State or local public
agency certified pursuant to section 810(f)(3) of this Act to receive and
process complaints or otherwise engage in enforcement activities under this
title.
(B) Determinations by a State or a unit of general local government
under paragraphs (5)(A) and (B) shall not be conclusive in enforcement
proceedings under this title.

(7) As used in this subsection, the term "covered multifamily dwellings"
means--


(A) buildings consisting of 4 or more units if such buildings have one
or more elevators; and
(B) ground floor units in other buildings consisting of 4 or more
units.

(8) Nothing in this title shall be construed to invalidate or limit any
law of a State or political subdivision of a State, or other jurisdiction in
which this title shall be effective, that requires dwellings to be designed
and constructed in a manner that affords handicapped persons greater access
than is required by this title.

(9) Nothing in this subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct threat to
the health or safety of other individuals or whose tenancy would result in
substantial physical damage to the property of others.

It is legal to establish adult communities. In such cases "Adult" means
senior citizen. No one is required to buy into such a living arrangement.
If you want to have an extended family then don't move to Sun City. It is
legal to refuse to sell to gays. That said, I have never heard of a HOA
that requires that you sell to heterosexuals. If you can cite an instance
where this is true I would be interested in knowing about it. There are a
growing number of jurisdictions that include sexual orientation in their
civil rights laws. I wonder how many people of feel you should be able to
have the fence of your choice also think that gays should be the legal
targets of discrimination?