United States Sixth Circuit

A plaintiff can, in principle, rely on evidence of some instances of disparate impact to show that a landlord violated the Fair Housing Act by withdrawing from Section 8, a voucher program through which the federal government provides rent subsidies to eligible low-income families who rent from participating landlords. However, in the case at hand, summary judgment for plaintiff-landlord is affirmed where defendant-commission did not even allege facts making the statistical comparison necessary to state a prima facie case of disparate-impact discrimination against plaintiff.

Appellate Information

• Decided 11/21/2007
• Published 11/21/2007

Judges

• Before: BOGGS, Chief Judge;  and MERRITT and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kunga Njuguna, Jefferson County Attorney's Office, Louisville, Kentucky, for Appellant.  Bradley E. Cunningham, Middleton Reutlinger, Louisville, Kentucky, for Appellee.   ON BRIEF:  Kunga Njuguna, Jefferson County Attorney's Office, Louisville, Kentucky, for Appellant.   Bradley E. Cunningham, Kenneth S. Handmaker, Middleton Reutlinger, Louisville, Kentucky, for Appellee.