Reaching Mrs. Murphy: A Call for Repeal of the Mrs. Murphy Exemption to the Fair Housing Act
![handle is hein.journals/hcrcl34 and id is 611 raw text is: Reaching Mrs. Murphy:
A Call for Repeal of the Mrs. Murphy
Exemption to the Fair Housing Act
James D. Walsh*
Introduction
The Fair Housing Act (FHA) boldly declares that [i]t is the pol-
icy of the United States to provide ... fair housing throughout the United
States.' To that end, § 3604 of the FHA prohibits discrimination on any
basis in the sale, rental, or negotiation of housing.2 The FHA's coverage,
however, is not complete. Section 3603(b)(2), the so-called Mrs. Murphy
exemption,3 exempts dwellings intended to be occupied by four or fewer
families4 from the prohibitions of § 3604, other than § 3604(c), if the
owner lives in one of the units.5
*B.A., University of Notre Dame, 1995; J.D., Harvard Law School, 1999. The author
would like to thank Professor Joseph Singer, Lars Waldorf, and Catheryn O'Rourke for
their guidance and comments on earlier drafts and John Relman, Dean Robert Schwemm,
and Jean Dubofsky for providing helpful information. In addition, the author thanks the
editors of the Harvard Civil Rights-Civil Liberties Law Review, especially Amy Busa,
Robert Johnson, Raja Krishnamoorthi, Nicholas Lundgren, and Joseph Patt for their hard
work.
142 U.S.C. § 3601 (1994).
2 Specifically, § 3604(a) makes it unlawful [tlo refuse to sell or rent after the making
of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial
status, or national origin. 42 U.S.C. § 3604(a) (1994).
3 The Mrs. Murphy concept predates the FHtA, having its origins in the discussions
that led to the passage of Title H of the Civil Rights Act of 1964. Title II prohibits dis-
crimination or segregation in any place of public accommodation, as defined in this sec-
tion. 42 U.S.C. § 2000a (1994). Republican Senator George D. Aiken of Vermont coined
the term Mrs. Murphy when he reportedly suggested that Congress integrate the Wal-
dorf and other large hotels, but permit the 'Mrs. Murphys,' who run small rooming houses
all over the country, to rent their rooms to those they choose. ROBERT D. LOEVY, To END
ALL SEGREGATION: THE POLITICS OF THE PASSAGE OF THE CIVIL RIGHTS AcT OF 1964 at
51 (1990). The term Mrs. Murphy became shorthand to describe the exemption from
Title II for owner-occupied housing accommodations with five rooms or less. See 42
U.S.C. § 2000a(b)(1) (1994) (stating the exemption). In 1968, Mrs. Murphy also came to
describe landlords exempt from the FHA under § 3603(b)(2). See, e.g., 114 CONG. REC.
2495 (1968).
4 For purposes of the FHlA, family includes a single individual. See 42 U.S.C.
§ 3602(c) (1994).
5 See 42 U.S.C. § 3603(b)(2) (1994). It should be noted that § 3603(b) explicitly de-
clines to exempt a Mrs. Murphy landlord from § 3604(c). Section 3604(c) makes it illegal:
[t]o make, print, or publish, or cause to be made, printed, or published any notice,](ViewImageLocal?handle=hein.journals/hcrcl34&div=23&collection=&method=preview&ext=.png&size=3)
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Reaching Mrs. Murphy: A Call for Repeal of the Mrs. Murphy Exemption to the Fair Housing Act
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