Discriminatory Enforcement
The act of applying rules, policies, or standards unequally based on a protected characteristic such as race, religion, national origin, familial status, or disability. Discriminatory enforcement violates the Fair Housing Act and can result in significant legal liability for the association. Examples include targeting minority homeowners for violations while ignoring the same violations by others, or creating rules that disproportionately affect families with children.
Example in Context
A homeowner alleged discriminatory enforcement after discovering that landscaping violations were cited against Hispanic homeowners at three times the rate of other residents with identical yard conditions.
Frequently Asked Questions
What is the difference between selective enforcement and discriminatory enforcement?
Selective enforcement is inconsistent rule application regardless of motive — enforcing rules against some owners but not others. Discriminatory enforcement specifically targets individuals based on protected characteristics like race, religion, or disability. Discriminatory enforcement is a fair housing violation; selective enforcement may undermine rule enforceability but does not necessarily involve discrimination.