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Author(s):

John P. Relman

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Brand: Clark Boardman Callaghan

Service #: 13514507

Sub #: 13514506

Publication Frequency: Updated annually

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Housing Discrimination Practice Manual

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Housing Discrimination Practice Manual examines the critical issues that arise in housing discrimination cases, such as prohibited conduct, and the procedural options and forums available to victims, and analyzes suitability for HUD, the Department of Justice, or federal court. It provides a detailed overview of the Fair Housing Act, and explains the basic theories of liability and burdens of proof applied in a housing discrimination case.

The manual discusses such topics as:

Filing the complaint
Pretrial procedures
Types of relief available
Negotiating a settlement
Discovery
Handling dispositive motions
Offers of judgment
Handling expert witnesses
Jury instructions

Includes model forms, pleadings, documents, and Table of Cases.

Summary of contents
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Chapters

Introduction
Summary of Substantive Provisions of the Fair Housing Act and the Civil Rights Act of of 1866

Introduction
Discriminatory Housing Practices Under Title VIII
Types of Activity Protected under Sec. 1981 & 1982
Who Can Sue
Who Can Be Sued
Theories of Liability and Burdens of Proof
Appendix 2A: HUD Policy Memoranda on Reasonable Occupancy Restrictions

Title VIII: Enforcement--Weighing the Options

Overview
Enforcement Through HUD
Enforcement Through the Department of Justice
Enforcement Through Private Civil Actions
Retroactive Application of the Amended Act

Litigating a Private Suit, Part I: Pretrial

Precomplaint Investigation
Drafting the Complaint
Communications with Opposing Counsel Before Filing
Emergency Relief
Discovery
Handling Dispositive Motions
Pretrial Preparations
Offers of Judgment

5. Litigating a Private Suit, Part II: Trial

Voir Dire
Opening Statement
Preparing the Plaintiffs for Direct And Cross-Examination
Presenting Statistical Evidence Through an Expert Witness
Cross-Examining the Rental or Sales Agent
Cross-Examining the Owner/Philanthropist
Cross-Examining Hostile Tenants and Employees
Closing Argument

Litigating a Private Suit, Part III: Relief

Damages
Injunctive Relief
Attorneys' Fees

Settlement

General Considerations
Negotiating the Monetary Component
Components of a Model Consent Decree
Monitoring the Decree

Appendix I - The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, As Amended, (42 U.S.C. sections 3601 et seq.), and Related Provisions

Appendix II - Legislative History Materials: Selected Excerpts from 1988 House Report on the Fair Housing Amendments Act

Table of Cases

Index

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