This article will deal almost exclusively with cases in the Individual Discrimination category.
Analysis of the housing discrimination cases requires that the fundamental substantive issue and the fundamental procedural issue be carefully distinguished. The substantive issue is simply whether the Act has been violated. That issue will be ultimately decided by the jury (or the judge in a trial to the court). The fundamental procedural issue with which we shall be concerned is whether the plaintiff has established his "prima facie case."
Part II of this paper will deal with the substantive issue and Part III with the procedural one. In Part IV the defendant's case will be discussed, and in Part V the analysis will be applied to several "individual discrimination" cases.
Schwartz, Frederic S.
"Making and Meeting the Prima Facie Case Under The Fair Housing Act,"
Akron Law Review: Vol. 20
, Article 4.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol20/iss2/4