The Real Deal New York

Roommate ads get day in court

October 07, 2011 10:33AM
By Leigh Kamping-Carder

From the October issue: In a city where so many strangers share cramped quarters, is discrimination ever justified in hunting for a roommate? That’s the question before a federal appeals court in Pasadena, Calif., and real estate insiders say the court’s decision could affect how roommate listings operate here.

The case dates back to 2003, when two branches of the nonprofit Fair Housing Council sued the classifieds website Roommate.com over features that, among other things, required users to disclose their gender, sexual orientation and family status. The site then let users filter roommates based on the same traits, which are protected by 1968’s Federal Fair Housing Act or, in the case of sexual preference, by California’s housing law.

In early 2009, a Los Angeles Federal court ruled that the Fair Housing Act — which has expanded to protect gender and family status but is silent on shared accommodations — “unambiguously applies ” to living arrangements like the ones advertised on Roommate.com. The company appealed. The U.S. Court of Appeals for the Ninth Circuit heard oral arguments in July, so a ruling in the case could come down anytime. [more]

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