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United States Ninth Circuit


Balvage v. Ryderwood Improvment and Service Association, Inc., 10-35714

In a dispute involving the scope of the Fair Housing Act's (FHA) prohibition against familial status discrimination, judgment of the district court is affirmed in part and vacated in part because a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the prohibition on familial status discrimination if it establishes that it satisfied the exemption’s three criteria at the time of the alleged violation, even if the community enforced age restrictions when it first achieved compliance with the exemption’s age verification requirement.

Appellate Information

  • Decided 04/27/2011
  • Published 04/27/2011

Judges

  • FISHER

Court

  • United States Ninth Circuit

Counsel

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