The Fair Housing Act: Volume 1

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss, and interpret provisions of the Fair Housing Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Section 3604 of the Fair Housing Act makes it unlawful to "discriminate against any person in the terms, conditions, or privileges of sale . . . of a dwelling . . . because of race." 42 U.S.C. § 3604(b). To make out a prima facie claim of disparate treatment under the FHA, Crain must establish "(1) membership in [a] protected class, (2) that [he] applied and was qualified to rent or purchase housing[,] (3) that [he] was rejected, and (4) that the housing thereafter remained open to similarly situated applicants." Inclusive Comms. Project, Inc. v. Lincoln Prop. Co., 920 F.3d 890, 910 (5th Cir. 2019) (considering claim under § 3604(a)). Once a plaintiff establishes a prima facie case of discrimination, courts utilize the burden-shifting framework established in McDonnell Douglas v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). First, the defendant is given the opportunity to articulate a "legitimate, non-discriminatory reason for the rejection." Lincoln Prop. Co., 920 F.3d at 911. "The burden then shifts back to the plaintiff to rebut the reason offered . . . by showing it is a pretext for discrimination." Id. "With discriminatory treatment claims, there can be no liability without a finding that the protected trait (e.g., race) motivated the challenged action." Id. at 910.Crain v. City of Selma, 952 F. 3d 634 (5th Cir. 2020)