Neighbor-On-Neighbor Harassment: Does the Fair Housing Act Make a Federal Case out of It?
Case Western Reserve Law Review 2011, Spring, 61, 3
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I. INTRODUCTION "This is a nice neighborhood--we don't want people like you here. Why don't you go back to the ghetto where you belong." (1) Does the federal Fair Housing Act (2) ("FHA") ban such statements to a minority family who has just moved into a predominantly white neighborhood? The FHA does contain an antiharassment provision (42 U.S.C. [section] 3617), (3) and this certainly applies to firebombings and other types of physical assault designed to drive the family out of the area. (4) But does [section] 3617 also outlaw purely verbal attacks? And if so, how egregious must the remarks be before a federal case should be made out of them? For example, would substituting "Niggers" for "people like you" in the above quote make a difference?