Gilligan v. Jamco Dev. Corp

No. 95-56290 (9th Cir. Mar. 5, 1997) ; Clearinghouse Number: 52204

Description

Ninth Circuit Reinstates Challenge to Landlord’s Refusal to Rent to Welfare Recipients

Abstract

The Ninth Circuit has reversed the district court’s order granting defendant landlord’s motion to dismiss this Fair Housing Act action. Plaintiffs allege that defendant refuses applications from all prospective tenants who receive AFDC benefits. They claim that this restriction constitutes discrimination on the basis of familial status in violation of the Fair Housing Act, 42 U.S.C. §§ 3604, 3613. Plaintiffs argue that the source-of-income restriction, even if it is neutral on its face, has the effect of discriminating against families with children. The district court dismissed plaintiffs’ complaint, finding that plaintiffs had failed to allege that they were financially qualified to rent at defendant’s apartment complex. Reversing, the court of appeals held that plaintiffs’ allegations were sufficient to state a claim under the Fair Housing Act. In so ruling, the court concluded that the district court erred in requiring plaintiffs to allege each element of a prima facie case under the Act in the pleadings.

Additional Information

Docket Date
1997-03-05 00:00:00+00:00

Files

Filed under: