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CSUN Fair Housing Council of San Fernando Valley v Roommate com LLC Case Brief

You will need to IRAC the following cases and answer a total of 4 problems. Each case only has 1 problem following the case- the other Notes and Questions are really notes. For that reason, I have added additional questions below from page 10 of your reading. Make sure you submit 2 case IRACS and answers to 4 problems total.

Additional Problems to choose from:

  1. William Neithamer, who is gay and HIV positive attempted to rent an apartment from Brenneman Properties. Neithamer did not reveal his HIV status, but admitted to the property manager that he had dismal credit because he had recently devoted all of his resources to taking care of a lover who had died of AIDS. Neithamer, however, offered to pre-pay one year’s rent. Brenneman Properties rejected Neithamer’s application and, in turn, Neithamer sued under the FHA. Does he have a case? See Neithamer v. Brenneman Property Services, Inc., 81 F. Supp 2d 1 (D.C. 1999).
  2. Over the phone, Landlord said to Plaintiff, “Do you have children? I don’t want any little boys because they’ll mess up the house and nobody would be here to watch them. Really, this house isn’t good for kids because it’s right next to a main road.” Plaintiff sues. Landlord argues that her statements only show that she is concerned about the welfare of children. Is that a legitimate non-discriminatory reason to refuse to rent?
  3. A local government has decided to knock down two high-rise public housing projects within its borders. The high-rises primarily house recent immigrants from Guatemala. A local advocacy group brings a lawsuit on their behalf, claiming that the government action has a disparate impact on a protected group. Is this a disparate treatment or disparate impact case? Can you think of a non-discriminatory reason why the government may have taken such an action?


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