Fair Housing Act Lawsuit Reinstated—Child Had Autism Spectrum Disorder and Epilepsy—Litigation “Arose From Text Messages” Which Could be Interpreted as Effort to Treat Child as an Undesirable Tenant
The plaintiffs-appellants (plaintiffs) are parents of a minor child who had autism spectrum disorder and epilepsy. They commenced an action for “disability discrimination under the Fair Housing Act, 42 U.S.C. §3601 (FHA), against [a defendant] real estate agency,” (agency) and “its agent” (agent). The plaintiffs alleged, inter alia, that the defendants had “made housing unavailable on the basis of disability in violation of 42 U.S.C. §3604(f)(1);…provided different terms, conditions, and privileges of rental housing on the basis of disability in violation of 42 U.S.C. §3604(f)(2);…expressed a preference on the basis of disability in violation of 42 U.S.C. §3604(c); and…misrepresented the availability of rental housing on the basis of disability in violation of 42 U.S.C. §3604(d).”
