Small Businesses Call for Clear FHA Compliance Rules in Amicus Brief

Date: November 18, 2022

Reyes v. Waples Mobile Home Park concerns Fair Housing Act compliance obligations

WASHINGTON, D.C. (Nov. 18, 2022)NFIB filed an amicus brief in the case Reyes, et al. v. Waples Mobile Home Park Limited Partnership at the United States Court of Appeals for the Fourth Circuit. The case involves Fair Housing Act (FHA) compliance obligations. NFIB is concerned that the FHA will inhibit small businesses’ ability to establish across-the-board policies to ensure compliance with a wide range of federal criminal statutes.

“Small business owners do their best to comply with various regulations involving their businesses, but the government makes it harder when they constantly change the compliance obligations,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “This Court should make it as easy as possible for businesses to comply with laws like these. We urge the Court to affirm the district court’s judgment and dismiss this action.”

NFIB’s brief argues two main points: 1) a subjective necessity standard would flout the Fifth Amendment and other safeguards against arbitrary criminal liability and 2) imposing a subjective necessity requirement will predictably harm small businesses providing housing and hospitality services, and those in need of housing.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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