Diversity in Cooperative Housing

Diversity in Cooperative Housing
Presented by Randall A. Pentiuk & Jayson J. Hall
May 2005

“Diversity: We take the good with the bad”

    • I. Diversity as a concept is a very broad and sometimes ambiguous topic
    • A.Definition of diversity: different; dissimilar; varied
      • 1.There are endless types of diversity
        • a.Racial diversity
        • b.Cultural diversity
        • c.Economic diversity
        • d.Conditional diversity (disabilities, life experiences, etc)
    • B.Is diversity desirable?
      • 1.University of Michigan Law School case: Supreme court said there are benefits to a diverse student body, and for that reason, the University could take race into consideration in the admission process.
    • II. Discrimination and Diversity-cation (not really a word, but hey, it rhymes)
    • A.It is impossible to discuss diversity in housing without discussing discrimination
      • 1.The Fair Housing Amendment Act (FHAA) is the federal law governing housing discrimination issues.
      • 2.The 7 deadly sins under the FHAA: discrimination (treating people differently) is prohibited if done on the basis of:
        • a.Race
        • b.Color
        • c.Religion
        • d.Sex
        • e.Familial Status (having children, being married)
        • f.National Origin
        • g.Disability
      • 3.It is settled law that the FHAA applies to transactions involving cooperative memberships and cooperative operation.
    • B.Under the FHAA, it is unlawful . . .
      • 1.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.
      • 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 therewith, because of race, color, religion, sex, familial status, or national origin.
        • a.Note: cooperatives present more privileges than most housing situations, such as voting rights, and self-governance.
      • 3.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.
      • 4.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.
      • 5.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.

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