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0 pointsscarface747y ago0 comments

It’s slightly different with roommates. You can’t discriminate in advertising when it comes to roommate but you can discriminate when it comes to housing according to one ruling.

https://www.sharinghousing.com/what-the-fair-housing-act-mea...

Craigslist says something different.

https://www.craigslist.org/about/FHA#roommates

Under federal Fair Housing law, the prohibition on discriminatory advertisements applies to all situations except the following:

Shared Housing Exemption -- If you are advertising a shared housing unit, in which tenants will be sharing a bathroom, kitchen, or other common area, you may express a preference based upon sex only.

Private Club and Religious Exemptions -- A religious community or private club whose membership is not restricted based upon race, color, or national origin may restrict tenancy only to its members in a property that it owns, and may advertise to that effect.

Housing for Older Persons Exemption -- As discussed below, certain complexes for elderly persons are exempt from prohibitions on familial status discrimination, including the prohibitions on discriminatory advertising.

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astura7y ago

Craigslist says the same thing

>Decision-making: Although the prohibition on discriminatory advertising applies to roommate and shared housing situations, federal Fair Housing laws do not cover the basis of decisions made by landowners who own less than four units, and live in one of the units. This means that in a situation in which a landlord owns less than four rental units, and lives in one of the units, it is legal for the owner to discriminate in the selection process based on the aforementioned categories, but it is illegal for that owner to advertise or otherwise make a statement expressing that discriminatory preference.

ars7y ago

> will be sharing a bathroom, kitchen, or other common area, you may express a preference based upon sex only.

I wonder if someone who has a particular dietary restriction (kosher, halal, gluten free, vegan, etc.) can express a preference for a like minded person.

scarface74OP7y ago

As long as it’s not a protected class. For instance, I was once a hiring manager and everyone I was talking to was shocked when I said I would rather hire someone older and more stable. They thought I was opening them up to a lawsuit. Being under 40 is not a protected class. Being over 40 is.

I also told the recruiter that I wasn’t going to hire a guy because he smelled like cigarette smoke, I would be working closely with him and it bothered my asthma. Cigarette smoking is not protected in some states - including mine.

saalweachter7y ago

My understanding is that the "shared housing" clause is still only applying to landlords, not individuals seeking a roommate.

So if you're the Catholic Church running a women's boarding house on the upper east side of Manhattan, you are allowed to advertise to (and rent to) only women, but you can't restrict it further to only Catholic women.

CydeWeys7y ago

OK, true, but I've also rented out entire units on Craigslist before too, so I've seen the full disclaimer regardless.

Speaking of which, the Roomi app might potentially be doing illegal things in turning housing search into a social network.

fjsolwmv7y ago

You wrote it backwards. Discriminating on roommates is legal.

scarface74OP7y ago

The first cite said you couldn’t discriminate in advertising but you could discriminate in selection. Craigslist said something different.

j / k navigate · click thread line to collapse

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astura7y ago

Craigslist says the same thing

ars7y ago

> will be sharing a bathroom, kitchen, or other common area, you may express a preference based upon sex only.

I wonder if someone who has a particular dietary restriction (kosher, halal, gluten free, vegan, etc.) can express a preference for a like minded person.

scarface74OP7y ago

saalweachter7y ago

My understanding is that the "shared housing" clause is still only applying to landlords, not individuals seeking a roommate.

CydeWeys7y ago

OK, true, but I've also rented out entire units on Craigslist before too, so I've seen the full disclaimer regardless.

Speaking of which, the Roomi app might potentially be doing illegal things in turning housing search into a social network.

fjsolwmv7y ago

You wrote it backwards. Discriminating on roommates is legal.

scarface74OP7y ago

The first cite said you couldn’t discriminate in advertising but you could discriminate in selection. Craigslist said something different.

j / k navigate · click thread line to collapse