United States Second Circuit

In a suit for disability discrimination under the Fair Housing Act (FHA), 42 U.S.C. section 3601 et seq., against a real estate company and its agent, the district court's grant of summary judgment to defendants is vacated and remanded where: 1) the court erred because there was sufficient evidence that minor-plaintiff qualifies as disabled under the FHA; 2) the FHA's prohibition against statements that indicate any preference, limitation, or discrimination based on handicap, section 3604(c), may be violated even if the subject of those statements does not qualify as disabled under the FHA; and 3) the "ordinary listener" standard is not applicable to claims under 45 U.S.C. section 3604(d) for misrepresenting the availability of housing.

Appellate Information

• Decided 06/02/2015
• Published 06/02/2015

Judges

• DRONEY

Court

• United States Second Circuit

Counsel