Majosta The Fair Housing Act: Volume 2

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss, and interpret provisions of the Fair Housing Act. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. The FHA, passed in 1968, "was enacted 'to provide, within constitutional limitations, for fair housing throughout the United States.'" Oconomowoc Residential Programs v. City of Milwaukee, 300 F.3d 775, 782 (7th Cir. 2002) (quoting 42 U.S.C. § 3601). Although the original Act only prohibited discrimination on the basis of race, color, religion, or national origin, the Fair Housing Amendment Act of 1988 ("FHAA") extended FHA protections to persons with disabilities. See Pub. L. No. 100-430, 102 Stat. 1619. The FHA makes it unlawful "[t]o discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap." 42 U.S.C. § 3604(f)(1). Similarly, Title II of the ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." Id. § 12132. Finally, under the Rehabilitation Act, "[n]o otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." 29 U.S.C. § 794(a). Importantly, all three statutes apply to municipal zoning decisions. See Wis. Cmty. Servs., Inc. v. City of Milwaukee, 465 F.3d 737, 752 n.12 (7th Cir. 2006) (en banc); Oconomowoc, 300 F.3d at 782. A plaintiff may prove a violation of the FHA, ADA, or Rehabilitation Act by showing: (1) disparate treatment; (2) disparate impact; or (3) a refusal to make a reasonable accommodation. Reg'l Econ. Cmty. Action Program, Inc. v. City of Middletown, 294 F.3d 35, 48 (2d Cir. 2002). For each respective theory, the same analysis generally applies under all three statutes. See id. at 48-53. Valencia v. City of Springfield, Illinois, 883 F. 3d 959 (7th Cir. 2018).