Unpublished Papers

Housingdiscrimination.com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat for Fair Housing Act Suits Against Roommate-Matching Websites (Fair Housing Council of San Fernando Valley v. Roommates.com, LLC)

Diane J. Klein, University of La Verne College of Law
Charles Doskow, University of La Verne

Abstract

This Article analyzes the recent 9th Circuit decision in FHC v. Roommates.com, reversing and remanding to the district court after finding that § 203(c) of the Communications Decency Act does not provide immunity to housing websites under § 3604(c) of the Fair Housing Act (FHA). The Article argues that housing websites should be held to the same standard as other advertisers of residential real estate under the FHA, and that Roommates.com is a “content provider” and hence liable for violating the FHA by disseminating advertisements that demonstrate discriminatory preferences on the basis of race, age, religion, disability, etc. The Article places the 9th Circuit decision in the larger context of recent § 3604(c) cases, as well as recent § 203(c) cases, and carefully parses each of the three opinions in the case (Kozinski for the majority, Reinhardt, and Ikuta).

Suggested Citation

Diane J. Klein and Charles Doskow. 2007. "Housingdiscrimination.com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat for Fair Housing Act Suits Against Roommate-Matching Websites (Fair Housing Council of San Fernando Valley v. Roommates.com, LLC)" ExpressO
Available at: http://works.bepress.com/diane_klein/1

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