Bouley v. Young-Sabourin

No. 03-cv-320 ( D. Vt. June 2, 2005) ; Clearinghouse Number: 55887

Description

Fair Housing Act May Protect Domestic Violence Victim Against Housing Discrimination

Abstract

In this housing discrimination action in which plaintiff tenant, a domestic violence victim, claimed that defendant landlord evicted her in violation of the Fair Housing Act of 1968, the district court found that landlord’s eviction of tenant might constitute unlawful discrimination in violation of the Act. Tenant, along with her husband and two children, rented an apartment from landlord. Tenant’s husband criminally attacked her in the apartment and subsequently pleaded guilty to assault. Three days after the attack, landlord gave tenant a written eviction notice listing the attack as the primary reason for the eviction. Tenant, alleging that landlord unlawfully terminated her lease on the basis of sex and religion, claimed that landlord initiated the termination because tenant was a domestic violence victim and because tenant refused to listen to landlord’s attempt to discuss religion with tenant after the incident. The American Civil Liberties Union’s Women’s Rights Project filed an amicus curiae brief on tenant’s behalf. The court determined that if tenant proved these claims, they could constitute unlawful discrimination under the Act. Applying the burden-shifting framework of McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1973), to evaluate tenant’s housing discrimination claims, the district court found undisputedly that, less than seventy-two hours after tenant’s husband assaulted her, landlord attempted to evict tenant and that the eviction also might have been prompted by tenant’s refusal to discuss religion with landlord. The court also found that landlord, in response, presented little evidence of preexisting problems with tenant. After the court denied both parties’ summary judgment motions, the parties stipulated to dismissal of the action with prejudice.

Additional Information

Attorney Information
Plaintiffs represented by Meris L. Bergquist, Vermont Legal Aid, 56 Main St., Springfield, VT 05156 (802.885.5181); Katherine Berkman, Vermont Legal Aid, 264 N. Winooski Ave., P.O. Box 1367, Burlington, VT (802.863.5620).
Docket Date
2005-06-02 00:00:00+00:00
Attorney Email
mbergquist@mtlegalaid