Julie Ellen Wartluft, fka Julie Ellen Bartels, et al. v. The Milton Hershey School, et al.

To provide fair housing across the United States is the express purpose of the Fair Housing Act. See 42 U.S.C. § 3601 et seq. This Act is also known as Title VIII of the Civil Rights Act of 1968, as amended. It makes it unlawful to discriminate in the rental, or to otherwise make unavailable or deny a dwelling to any renter because of a disability of the renter. 42 U.S.C. §3604(f)(1). To rent is defined in the Act as to lease or to let or otherwise to grant for consideration the right to occupy premises. 42 U.S.C. §3602(e). The Milton Hershey School provides education and housing to approximately 2,100 underprivileged students in homes of 10-12 students without requiring any monetary consideration. The question presented is whether participation in a mandatory chore program at the student home as set forth in an enrollment agreement to remain in residence at the School is “consideration” under the Act sufficient for the child to qualify as a renter and thus bestowing the Act’s protections from discrimination in housing. 122206566-5 i