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How to Lose an FHA Case

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  1. Sue a city that already permits a disproportionately large share of the region’s low-income housing;
  2. As your primary evidence of both disparate treatment and disparate impact, cite an ordinance requiring rental units to be free of conditions “that would constitute a hazard to the health and safety of the occupants” without providing any examples of selective enforcement;
  3. Only bring up the segregation-preserving effect of the city’s comprehensive plan in the course of arguing that said health/safety regulation is itself discriminatory.
TBS-Group-LLC-v-Zion-Illinois