William H. Sorkpor v. The Harlo Fenway
SocialSecurity EmploymentDiscrimina
Whether Congress intended the Fair Housing Act to be construed technically and broadly to ensure that the Title VIII protection of a minority home-seeker's interest in equal spending power is preserved
No question identified. : ss: QUESTIONPRESENTED ~~ S;TOOCO;TC This is a housing discrimination case of national importance. It sets back “the policy of the United States | . to provide within constitutional limitations for fair housing throughout the United States” 42 U.S.C. §3601. It shows a total departure by the lower-courts from ; .Supreme Court precedents, and congressional intent in construing the federal fair housing laws,—i.e., Title VII of the Civil Rights Act of 1968, 42 U.S.C: §3604(a)(1970) and the Civil Rights Act of 1866, 42 U.S.C. §1982(1968). ' Title VIII and Section 1982 protect at least four types of minority home seekers’ interests. The first is the X individual minority home seeker’s interest in, buying or ; oo renting the home of his or her choice, — limited only by . -’ his or her available finances. _ This interest is also the black home seeker’s consumer . ‘interest in equal spending power. As the Supreme Court .gonce noted, Section 1982 was enacted: “to assure that a “Wbllar in the hands of a Negro can purchase the same thing as buy a dollar in the hands of a white man”. Yones v. Alfred H. Mayer Co., 392 U.S. 409, 448 (1968). . When the facts underlying a housing discrimination _ claim show a violation of the plain language of 42 U.S C. ) §3604(a)— i.e., “refuse to sell or rent” and “refuse to : negotiate a sale or rental”,—and a minority home-seeker is subsequently denied a dwelling, the only remaining question for the courts to find liability is: ; Whether Congress intended the Fair Housing Act to be construed — technically and broadly—to ensure that,. the Title VIII protection of a minority home-seeker’s interest in equal spending power is preserved; or, whether it is the intent of Congress for the courts to . disregard the protection as well as__ the discriminatory; effects standard when they substitute “a dollar in the hands’ of a minority home-seeker with racially correlating criteria, in search of intent to discriminate. .