A Fair Housing Act lawsuit was reinstated Tuesday against a realtor who allegedly questioned whether a landlord wanted to continue renting to a family of a young girl with autism spectrum disorder and epilepsy.

The U.S. Court of Appeals for the Second Circuit held there was sufficient evidence to defeat summary judgment in the case of Heidi and Juan Rodriguez, who claim they were told they would not get a lease renewal with a new landlord based on the disability of their 11-year-old daughter.

The circuit, in Rodriguez v. Village Green Realty, 13-4792-cv, clarified the law on disability discrimination in housing, finding for the first time that obtaining housing is a “major life activity” and holding that the act's bar on statements indicating discrimination based on a handicap can be violated even if the person does not qualify as disabled under the act.