Glossary

Legislation first enacted in 1968 and expanded by amendments in 1974 and 1988, which provides the Secretary of HUD with investigation and enforcement responsibilities for fair housing practices. Prohibits discrimination in housing and lending based on race, color, religion, sex, national origin, handicap or familial status. When analyzing a claim under the act, plaintiffs have the initial burden to establish a prima facie case of discrimination, after which the burden shifts to the defendant to justify the challenged policies based on a nondiscriminatory reason. Defendants must give sufficient evidence of the business necessity – and should seek to ensure that the policy is the least restrictive means to the ends.) The Fair Housing Act prohibits discrimination in the financing, rental or sale of any housing based on race, color, religion, sex or national origin. A 1988 amendment extended coverage to outlaw discrimination based on disability or family status.

The Fair Housing Amendments Act requires an accommodation if it is reasonable and necessary to provide a disabled person the equal opportunity to use and enjoy a dwelling. Most courts generally require the plaintiff to make an initial showing that an accommodation is necessary and reasonable, and then shift the burden to the defendant to show that the accommodation is unreasonable.

As an operator of senior housing, certain exclusions apply to Pathway communities that fall under the regulations pertaining to housing for older persons. Pathway communities may exclude those based on age and familial status, and in certain instances handicap – where the delivery of appropriate care may risk the safety and welfare of the resident or other residents.