Case Against Housing Information Service Reinstated

Facts: Space Hunters, a housing information vendor, advertised room rentals in New York. Its owner made derogatory comments to a disabled person and to persons of color who tried to use Space Hunters' services, and stated that he wouldn't represent them. They complained, and the United States government sued Space Hunters for discrimination under the Fair Housing Act. Space Hunters asked the court to dismiss the case, claiming that the law didn't apply because it wasn't a landlord and it only advertised space in owner-occupied buildings or buildings with four or fewer families. The court ruled for Space Hunters, and the government appealed. Court: The appeals court ruled for the government and reinstated the case. The FHA bars discriminatory statements and doesn't apply just to building owners or their agents. And though there was an exemption under the FHA for small, owner-occupied buildings housing fewer than four families, this was a defense that Space Hunters could raise. It didn't bar tenant from bringing the case.

United States v. Space Hunters, Inc.: NYLJ, 11/16/05, p. 21, col. 1 (U.S. Ct. 2d Cir.; McLaughlin, Cabrans, Circuit JJ, Mukasy, Dist. J)