United States Second Circuit

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Austin v. Town of Farmington, 15-2238

In a suit against a Town asserting claims under the Fair Housing Act (FHA), Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. section 3601, contending that plaintiffs obtained limited variances from a land-use regulation prohibiting accessory structures on the lot of their newly purchased home, which allowed them to install a fence, pool, and deck designed to accommodate the needs of their disabled son, but the Town Board's resolutions allowing the variances required removal of the structures when the disabled child's residency in the house terminated, the District Court's grant of a Rule 12(b)(6) motion dismissing the claims is: 1) vacated in part where the reasonableness of the Town’s accommodations is in issue; but 2) affirmed in part where a valid claim for retaliation has not been alleged.

Appellate Information

  • Decided
  • Published 2016/06/21




  • United States Second Circuit