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This is completely ignoring the Fair Housing Act of 1968. As soon as you start renting out your "home", you lose the right to choose who you let into it on the

This is completely ignoring the Fair Housing Act of 1968. As soon as you start renting out your "home", you lose the right to choose who you let into it on the basis of the renter's race, gender, religion, or nationality.

rootsudo 5y ago
Nope - you can discriminate legally if you cohabit your home. "are individual bedrooms within an apartment a “dwelling” protected by the Fair Housing Act? The court gave its answer on February 3rd, and the answer was no: the Act does not protect roommate searches." " The home is the center of our private lives. Roommates note our comings and goings, observe whom we bring back at night, hear what songs we sing in the shower, see us in various stages of undress and learn intimate details most of us prefer to keep private…. [two paragraphs omitted] “Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home.” Lawrence v. Texas, 539 U.S. 558, 562 (2003). Holding that the FHA applies inside a home or apartment would allow the government to restrict our ability to choose roommates compatible with our lifestyles. This would be a serious invasion of privacy, autonomy and security. For example, women will often look for female roommates because of modesty or security concerns. As roommates often share bathrooms and common areas, a girl may not want to walk around in her towel in front of a boy. She might also worry about unwanted sexual advances or becoming romantically involved with someone she must count on to pay the rent. An orthodox Jew may want a roommate with similar beliefs and dietary restrictions, so he won’t have to worry about finding honey-baked ham in the refrigerator next to the potato latkes… Taking away the ability to choose roommates with similar dietary restrictions and religious convictions will substantially burden the observant Jew’s ability to live his life and practice his religion faithfully. The same is true of individuals of other faiths that call for dietary restrictions or rituals inside the home."
- Miner49er 5y ago
  We're talking about Airbnb. Not finding a roommate. This is a good point though, but I'm not sure a court would consider looking for a roommate and renting out a room on Airbnb as the same thing. This would also only apply if you are going to cohabit the space you're renting out, like you said. Which I think is likely the minority of places on Airbnb at this point.
- letthisbemywrit 5y ago
  In addition to what rootsudo just wrote: If you live in a building with up to 4 units, you are exempt from the fair housing act. I'm a airbnb host, if a renter has less than a certain amount of reviews I try search social media and other records for the users name. If I'm only given initials I would deny these requests if they didn't have enough reviews.
- lotaezenwa 5y ago
  The case cited was actually Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (9th Cir. 2012)
jollybean 5y ago
I actually indicated that renting the 'full home' then my comments would not apply. I was specifically referring to 'a room'. It doesn't matter what legislation is in place, I'm speaking rhetorically about what is appropriate or not. Again: Having a guest in a room in your home is different than a strict commercial transaction. We have 'Female Only' gyms - which are commercial. We have 'Safe Spaces' on campus, which is public property. Private individuals can chose who they want in their bedrooms. It gets less fuzzy beyond that.

rootsudo 5y ago

Nope - you can discriminate legally if you cohabit your home. "are individual bedrooms within an apartment a “dwelling” protected by the Fair Housing Act? The court gave its answer on February 3rd, and the answer was no: the Act does not protect roommate searches." " The home is the center of our private lives. Roommates note our comings and goings, observe whom we bring back at night, hear what songs we sing in the shower, see us in various stages of undress and learn intimate details most of us prefer to keep private…. [two paragraphs omitted] “Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home.” Lawrence v. Texas, 539 U.S. 558, 562 (2003). Holding that the FHA applies inside a home or apartment would allow the government to restrict our ability to choose roommates compatible with our lifestyles. This would be a serious invasion of privacy, autonomy and security. For example, women will often look for female roommates because of modesty or security concerns. As roommates often share bathrooms and common areas, a girl may not want to walk around in her towel in front of a boy. She might also worry about unwanted sexual advances or becoming romantically involved with someone she must count on to pay the rent. An orthodox Jew may want a roommate with similar beliefs and dietary restrictions, so he won’t have to worry about finding honey-baked ham in the refrigerator next to the potato latkes… Taking away the ability to choose roommates with similar dietary restrictions and religious convictions will substantially burden the observant Jew’s ability to live his life and practice his religion faithfully. The same is true of individuals of other faiths that call for dietary restrictions or rituals inside the home."

Miner49er 5y ago
We're talking about Airbnb. Not finding a roommate. This is a good point though, but I'm not sure a court would consider looking for a roommate and renting out a room on Airbnb as the same thing. This would also only apply if you are going to cohabit the space you're renting out, like you said. Which I think is likely the minority of places on Airbnb at this point.
letthisbemywrit 5y ago
In addition to what rootsudo just wrote: If you live in a building with up to 4 units, you are exempt from the fair housing act. I'm a airbnb host, if a renter has less than a certain amount of reviews I try search social media and other records for the users name. If I'm only given initials I would deny these requests if they didn't have enough reviews.
lotaezenwa 5y ago
The case cited was actually Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (9th Cir. 2012)

jollybean 5y ago

I actually indicated that renting the 'full home' then my comments would not apply. I was specifically referring to 'a room'. It doesn't matter what legislation is in place, I'm speaking rhetorically about what is appropriate or not. Again: Having a guest in a room in your home is different than a strict commercial transaction. We have 'Female Only' gyms - which are commercial. We have 'Safe Spaces' on campus, which is public property. Private individuals can chose who they want in their bedrooms. It gets less fuzzy beyond that.