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United States Second Circuit

MHANY Mgmt., Inc. v. City of Nassau, 14-1634

In a fair housing action, the district court's judgment after a bench trial for plaintiffs is affirmed in part, vacated in part, and remanded where: 1) plaintiffs have Article III standing to sue under the Fair Housing Act; 2) defendants did not meet the standards of the voluntary cessation doctrine; 3) the district court's finding that defendant's decision to change zoning was made with discriminatory intent was not clear error; 4) 24 C.F.R section 100.500(c) abrogated circuit precedent as to burden-shifting to prove a disparate impact claim, requiring a remand; and 5) defendant Nassau County was properly dismissed as the summary judgment stage because plaintiffs did not raise genuine issues of material fact as to whether the County had legal responsibility for the city's zoning actions.

Appellate Information

  • Decided
  • Published 2016/03/23




  • United States Second Circuit


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