Articles Posted in US Court of Appeals for the Second Circuit

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A landlord may be liable under the Fair Housing Act of 1968 (FHA) for failing to take prompt action to address a racially hostile housing environment created by one tenant targeting another, where the landlord knew of the discriminatory conduct and had the power to correct it. The Second Circuit adhered to the FHA's broad language and remedial scope, holding that the FHA reaches conduct that, as here, would constitute discrimination in the enjoyment of residence in a dwelling or in the provision of services associated with that dwelling after acquisition. Furthermore, HUD's 2016 Final Rule, HUD's other implementing regulations, and the views expressed in its amicus brief only reinforce the court's textual interpretation that a landlord may be liable under the FHA for failing to intervene in tenant-on-tenant racial harassment of which it knew or reasonably should have known and had the power to address. In this case, plaintiff alleged that defendants had actual knowledge of the tenant's criminal racial harassment of plaintiff but, because it involved race, intentionally allowed it to continue even though defendants had the power to end it. Therefore, the court vacated the district court's dismissal of plaintiff's claims under the FHA and analogous New York State law, as well as his claims under 42 U.S.C. 1981 and 1982. The panel remanded for further proceedings. The panel affirmed the district court's dismissal of plaintiff's remaining claims. View "Francis v. Kings Park Manor, Inc." on Justia Law

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Plaintiff filed a putative class action challenging the City's policy of denying tenants the opportunity to open water accounts in their own name and shutting off water service to tenants when landlords fail to pay water bills. The Second Circuit held that the City's policy of denying tenants the opportunity to open water accounts satisfied the requirements of the Equal Protection Clause of the Fourteenth Amendment. The court held, however, that the City's water shutoff policy violated the Due Process Clause and the Equal Protection Clause. While the City has offered sufficient reasons for its policy of refusing to allow tenants to open their own water accounts and thus satisfied the rational basis test, the City's practice of terminating water service to tenants when a landlord failed to pay the water bill was not rationally related to a legitimate government interest. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Winston v. City of Syracuse" on Justia Law