Abstract

Imagine that the owner of a residential investment property hires a broker to find tenants for the property.' The owner specifically instructs the broker not to discriminate in the selection of tenants, and takes affirmative steps to ensure that the broker does not do so. Without the owner's knowledge, the broker discriminates while selecting tenants. Should the owner be liable as a matter of law for the compensatory damages caused by the broker's discrimination? This Comment argues that the owner should not.2 The Fair Housing Act3 (FHA, Act, or Title VIII) creates a federal cause of action for discrimination in housing. Courts generally apply traditional principles of agency law4 to determine whether the owners of a property (or the owners of a brokerage firm5) are liable

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