Fair Housing Decision Tests Previous Notion of Standing

The recent decision of the U.S. Court of Appeals for the Second Circuit in the federal Fair Housing Act case Olsen v. Stark Homes, 2014 U.S. App. LEXIS 13731 (2d Cir. July 18, 2014) illustrates the concept that individuals and entities other than persons of a protected class have standing to challenge discriminatory housing practices under the federal Fair Housing Act. While this concept may appear to be contrary to traditional notions of standing, Olsen, the cases cited within Olsen, and other cases in the Second Circuit preceding Olsen exploring standing explain why persons and entities not within a protected class have standing to bring an action under the Fair Housing Act and demonstrate the strength of that statute.

Olsen Case

In Olsen, the Olsen family alleged that Stark Homes denied them a lease in a mobile home park for persons at least 55 years old because of their intent to have a family member under that age with a mental disability live with them. The Olsens maintained that the denial of the lease was based on the family member’s disability and thus constituted discrimination under the Fair Housing Act.