Civil Rights Law VIII protects all persons from discrimination based not only on race but also on religion, national origin, sex, handicap, and familial status. Civil Rights Law VIII is violated by intentional discrimination but some courts find that a violation can also occur based on disparate impact. Thus, zoning laws that are neutral on their face as to race may violate Civil Rights Law VIII if they are shown to have an exclusionary racial effect and are not justified by some legitimate interest. Exemptions Section 1982 does not include any exemptions or exceptions. Civil Rights Law VIII exempts single family homeowners who do not rely on anyone else to sell or rent their homes and multi-family homeowners provided that no more than four families live in the dwelling and one of them is the owner.
Religious organizations can limit the sale or rental of property to persons of the same religion.
Private clubs can limit the rental of club property to its members. Special housing for older persons is exempt from the prohibition of family status discrimination. Enforcement Section 1982 is only enforced in the courts. Damages in administrative hearings before HUD are capped at various levels, depending on the number of prior violations by the defendant. The Martindale-Hubbell Law Directory is the most complete, trusted source for identifying qualified legal counsel.