Rodriguez v. Village Green Realty, Inc.

Plaintiffs, parents of minor child A.R., filed suit against a real estate agency and its agent for disability discrimination under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq. Plaintiffs alleged that defendants made housing unavailable on the basis of disability; provided different terms, conditions, and privileges of rental housing on the basis of disability; expressed a preference on the basis of disability; and misrepresented the availability of rental housing on the basis of disability. The district court granted summary judgment to defendants. The court held, however, that the district court erred because there was sufficient evidence presented that A.R. qualifies as disabled under the FHA; the FHA’s prohibition against statements that “indicate[ ] any preference, limitation, or discrimination based on . . . handicap,” pursuant to section 3604(c), may be violated even if the subject of those statements does not qualify as disabled under the FHA; and the “ordinary listener” standard is not applicable to claims under section 3604(d) for misrepresenting the availability of housing. Accordingly, the court vacated and remanded. View "Rodriguez v. Village Green Realty, Inc." on Justia Law