Comment Submitted by Nancy Kenyon, Fair Housing of Marin

As an advocate for equal opportunity in housing, I am writing in strong support of HUD’s proposed regulation implementing the Fair Housing Act’s discriminatory effects standard. Fair Housing of Marin is a civil rights nonprofit founded in 1982 that serves the county of Marin in Clifornia. We counsel victims of discrimination, provide legal seminar to Landlords, counsel individuals on forclosure, advocate for affordable housing and fun human rights programs in the area schools. We believe that People Learn to Live Together by Living Together and work to make sure every individual protected by the federal and state fair housing laws live in the housing of their choice. HUD’s proposed regulation is an important and necessary step in ensuring that the nation’s housing is available to all, regardless of protected class status. In our work, we have encountered many examples of housing practices that are neutral on the surface, but destructive to the mission of fostering equal opportunity. One such example is numerical occupancy limitations. When such limitations are imposed by housing providers, they may have the effect of excluding families with minor children from housing. This effect, even if not intended by the housing provider, runs counter to the goals of the Fair Housing Act. Another is zoning and land-use restrictions containing limitations based on the household composition. Such zoning restrictions may prevent people with disabilities or handicaps from living together in financially viable and therapeutic group settings. This effect, even if not intended by the municipal agency, runs counter to the goals of the Fair Housing Act. Finally, Marin County is 84% Caucasian. When affordable housing projects are built, many cities decided to give preference to current residents, which meant that non-Whites were virtually eliminated. Our agency met with these cities and persuaded them that their policy was in violation of fair housing laws by disparate impac