Outside Counsel

Federal FHA Actions: Municipalities, Transgender Persons, Same-Sex Couples

, New York Law Journal


Robert L. Schonfeld writes: One generally does not think of municipalities, who are often sued under the Federal Fair Housing Act, as being plaintiffs in actions under that statute. Similarly, as the FHA does not prohibit discrimination on the basis of sexual orientation, one does not think of transgender persons and same-sex couples successfully bringing actions under that law. However, in two recent decisions, courts have held that municipalities, transgender persons and same-sex couples can bring viable claims under the FHA.

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