The Necessity for Shelter: States Must Prohibit Discrimination Against Children in Housing

This note surveys the different paths courts and legislatures have taken in their attempts to end housing discrimination against children, and concludes that the most feasible and appropriate solution to the problem is a more effective form of state legislation. Part II discusses the likelihood of success and the issues surrounding a claim based upon a denial of fourteenth amendment rights. Part III centers on the possibility of using the Fair Housing Act for a private cause of action and the problems with the proposed bill to amend the Act. Part IV examines the state statutes that attempt to ban this form of discrimination and the reasons for their ineffectiveness. Finally, because of the inadequacy of each of these other courses of action, this Note advocates amending existing state statutes to provide for both a private cause of action and the establishment of housing commissions