Sullivan v. Little Hunting Park, Inc.

Background

A white homeowner assigned his community membership share to his tenant, a Black man, so the tenant could use neighborhood recreation facilities. The association's board refused to approve the assignment because the tenant was Black, expelled the homeowner after he protested, and paid him cash for his shares. The homeowner and tenant sued in state court under the 1866 civil‑rights statutes (42 U.S.C. §§1981, 1982) seeking injunctions and money damages. Virginia courts dismissed or refused review on procedural grounds; the Supreme Court took the case after an earlier remand and review.

Reasoning

The Court addressed whether the 1866 law reaches private racial discrimination in leasing and related membership transfers and what remedies are available. Relying on Jones v. Mayer and the Thirteenth Amendment's enforcement power, the Court held §1982 applies to private refusals that block a lease-associated membership assignment and that the association's refusal interfered with the tenant's right to lease. The Court also said a white homeowner who is punished for advocating the tenant's rights can sue. It explained federal courts (and state courts empowered to grant injunctive relief) can fashion effective remedies, and that damages claims are governed by federal standards with state or federal rules used as appropriate under §1988.

Real world impact

The decision makes it unlawful for private community associations to refuse lease‑related memberships on the basis of race and allows federal injunctive and damage remedies for those harmed. The Court noted the 1968 Fair Housing Act exists but declined to dismiss cases that arose before that Act took effect.

Dissents or concurrances

The dissent argued the Court should have declined review and left such matters to the newer Fair Housing Act, warning §1982 is vague, raises remedial and state‑court complication issues, and that implying damages is unwise.