11th Circuit Finds Rental Ad does not Violate Fair Housing Act

Fair Housing Center of the Greater Palm Beaches, Inc. v. The Shutters Condominium Association, Inc., No. 09-16184, U.S. App. Ct., 11th Cir., July 29, 2010.


A Florida condo association posted an ad on Craigslist offering a condo for rent and including the statement, “Sorry, no kids or pets.”  Upon reading the ad, the Fair Housing Center of the Greater Palm Beaches (Center) obtained copies of the association’s CC&Rs, which included two provisions restricting the age of residents to 18 and older. 
The Center filed charges against the association with the Department of Housing and Urban Development for violations of the Fair Housing Act based on familial discrimination.  Subsequently, the Center brought suit in Florida district court against the association. The district court determined that the Center failed to show that the association actually discriminated against any person on the basis of familial status.  The jury returned a verdict in favor of the association.
On appeal, the appellate court affirmed the prior judgment, and determined that there was no evidence to support the Center’s claims that the advertisement discriminated.   In fact, the Center admitted, “no one was turned away” as a result of the ad. 
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Authors: Ryan McCabe

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