Agenda - 04-15-2008-3d - Laserfiche WebLink

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Oran a Coun North Carolina - AIFCH - 2007 9 tY~ has acted in reckless disregard of the plaintiffs civil rights, punitive damage awards are also available under federal law. (Smith v. Wade, 461 U.S. 30, 37 - in 1983) Internet advertising has been the subject of increasing scrutiny and debate. Most recently, the web-based Craig's List has been the defendant as a provider of housing information. The Chicago Lawyers' Committee for Civil Rights has filed a lawsuit against Craig's List because the Fair Housing Act explicitly holds publishers responsible for discriminatory ads that have been prepared by third parties20. This litigation is pending, but may hold broad implications for future advertising. Caution should be taken when describing either a geographical area or giving directions as they can imply a discriminatory preference, limitation, or exclusion. These can include the names of facilities that cater to a particular racial, national origin or religious group, such as country club or private school designations. In addition, the names of facilities that are used exclusively by one sex may indicate a preference. All forms of print media should indicate that all housing advertised in their classified sections abides by the FHAA. The HUD regulations contain a special provision that all publishers should publish at the beginning of their real estate advertising section a notice including language to the following effect: All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination. " We will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. " In addition, telephone numbers for local fair housing organizations should be included so that home seekers may call for information if they feel that they have been a victim of housing discrimination. Additionally, all advertising for housing, including lending, should include the "Equal Housing Opportunity" slogan or logo, according to HUD regulations. The logo is to be placed in all advertising that is larger than two (2) column inches and it should be legible. Finally, the use of human models in real estate related advertising is regulated by HUD. Frequently, display advertising will include photos or drawings. Often, such advertising will depict persons enjoying the amenities of the complex or the neighborhood to make the housing seem appealing to potential home seekers. It is only common sense that a message may be sent by the race, sex, age or familial status of the persons in the advertisements. Per HUD, "models should be clearly definable as reasonably representing majority and minority groups...". If models are used in photographs, drawings or other graphic techniques, they should "indicate to the general public that the housing is... (available)... to all without regard to race, color, religion, disability, familial status or national origin and is not for the exclusive use of one such group." However, one of the changes that has been seen since the fair housing 27