Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

§ 6.01 Introduction

§ 6.02 The Problem of Homelessness and HIV

§ 6.03 Housing Opportunities for Persons with AIDS (HOPWA)

[A] Funding Allocation Standards

[B] Grantee Restrictions

[C] Eligible Activities

[D] Housing Recipients’ Due Process Rights

§ 6.04 Fair Housing Act

[A] Definition of Disability

[1] Legislative History

[2] HUD Regulations

[3] Judicial Interpretation

[B] Definition of Discrimination

[1] Application to “Dwellings”

[2] Discrimination in Terms or Conditions

[3] Exclusionary Zoning

[4] Prohibition on Interference or Retaliation

[5] Statutory Exemptions

[C] Prohibited Inquiries Regarding HIV/AIDS

[D] Reasonable Accommodation

[E] Direct-Threat Defense

[F] Enforcement and Remedies

[1] Proof of Intentional Discrimination

[2] Disparate Impact Discrimination

[3] Definition of Aggrieved Person

[4] Potential Defendants

[5] Complaint Procedure

[6] Remedies

§ 6.05 State and Local Nondiscrimination Laws

§ 6.06 Disclosure of HIV Information in Real Estate Transactions

§ 6.07 Succession of Rights in Shared Housing