Eliminating Extratextual Exemptions from the Fair Housing Act

The Supreme Court has held that the language of the Fair Housing Act (“FHA”) is “broad and inclusive,” and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an exception or by inferring an exception. The Essay provides several illustrations of this practice and argues against inferred statutory exemptions to the FHA, at least for courts that otherwise adopt a strict textualist approach to statutory construction.

Publication Details

Journal
OpenCommons - UConn (University of Connecticut)
Published
2025-05-01
Primary Topic
Magnetic confinement fusion research
Type
article
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article

Eliminating Extratextual Exemptions from the Fair Housing Act

OpenCommons - UConn (University of Connecticut)
Magnetic confinement fusion research
article

Eliminating Extratextual Exemptions from the Fair Housing Act

article en

Abstract

The Supreme Court has held that the language of the Fair Housing Act (“FHA”) is “broad and inclusive,” and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an exception or by inferring an exception. The Essay provides several illustrations of this practice and argues against inferred statutory exemptions to the FHA, at least for courts that otherwise adopt a strict textualist approach to statutory construction.

OpenCommons - UConn (University of Connecticut)
Sustainable cities and communities
Openalex Percentile: Top 69%
Magnetic confinement fusion research
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Eliminating Extratextual Exemptions from the Fair Housing Act · OpenCommons - UConn (University of Connecticut) (2025) | TGRS Research Map | TGRS