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Legal Memorandum: Dismissal of § 3604(c) Claims

Issue: Should the California court dismiss plaintiffs’ 3604(c) claim because, even when viewing the evidence in a light most favorable to plaintiff’s, they are not entitled to judgment as a matter of law?

Area of Law: Litigation & Procedure, Real Estate Law
Keywords: Dismissal of 3604(c) claim; Discrimination in sale or rental of housing; Insufficiency of evidence
Jurisdiction: California, Federal
Cited Cases: 967 F.2d 817; 674 F. Supp. 1313
Cited Statutes: None
Date: 05/01/2006

When the plaintiff’s evidence of a statement in violation of the FHA is insufficient, the court may conclude, as a matter of law, that there was no violation, and grant summary judgment in favor of the defendant.  See Steptoe v. Beverly Area Planning Ass’n, 674 F. Supp. 1313, 1321 (N.D. Ill. 1987) TA l "Steptoe v. Beverly Area Planning Ass’n, 674 F. Supp. 1313 (N.D. Ill. 1987)" s "Steptoe v. Beverly Area Planning Ass’n, (N.D. Ill. 1987)" c 1  (the plaintiffs allegation that the defendant misrepresented the availability of certain dwellings was clearly contradicted, demonstrating that no such misrepresentations were made).  See also Soules v. United States Dep’t of Hous. & Urban Dev., 967 F.2d 817, 825-26 (2d Cir. 1992) TA l "Soules v. United States Dep’t of Hous. & Urban Dev., 967 F.2d 817 (2d Cir. 1992)" s "Soules v. United States Dep’t of Hous. & Urban Dev. (2d Cir. 1992)" c 1  (affirming ALJ’s finding that the defendants’ statements regarding the plaintiffs’ child were not discriminatory and did not violate § 3604(c)).  Accord Smith v. Mission Assocs., 225 F. Supp. 2d at 1302 TA s "Smith v. Mission Assocs. Ltd. (D. Kan. 2002)"  (granting summary judgment in the defendants’ favor on the plaintiff’s FHA disparate treatment claim, where the plaintiff claimed the minor should have been allowed to use the facility’s weight room, despite the defendant’s clear policy prohibiting minors from using the room unless accompanied by an adult).

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