Private attorney general standing
Fair Housing organizations have long relied on the standing rules set forth in Havens Realty Corp. v. Coleman, but the Havens rules have actually created unexpected difficulties in the application of the "diversion of resources" and "frustration of mission." In addition, organizations have generally failed to take advantage on their own behalf of the right not to be denied truthful information about housing availabilities because of protected class.
Unless and until the composition of the Supreme Court becomes friendlier to fair housing, there is ample reason to fear that the Supreme Court would undercut Havens entirely when it next faces a fair housing standing case.
Thus, there is a pressing need to explore state and local legislative means by which to codify even more expansive standing rules.
The best way to proceed is for states and localities to adopt a simplified “private attorney general” model. Draft language to achieve this goal can be linked to below, as can an article describing the need for such legislation, and the successful effort to pass such legislation in Nassau County. That County's Human Rights Law is also found as a "related resource" to the right. [You need to tunnel down to § 21-9.7(d)(3)(vi).]
