A Fair Housing Act lawsuit was reinstated Tuesday against a realtor who allegedly questioned whether a landlord wanted to continue renting to a family of a young girl with autism spectrum disorder and epilepsy.

The U.S. Court of Appeals for the Second Circuit held there was sufficient evidence to defeat summary judgment in the case of Heidi and Juan Rodriguez, who claim they were told they would not get a lease renewal with a new landlord based on the disability of their 11-year-old daughter.