Landlord Liability for Tenant-on-Tenant Discrimination: Split in the Federal Circuits
In rendering its decision, the Second Circuit took great pains to differentiate its instant case, 'Francis v. Kings Park Manor' from the Seventh Circuit's prior 2018 decision in 'Wetzel v. Glen St. Andrew Living Cmty.' However, that differentiation collapses on itself, and now the issue is ripe to be taken up by the Supreme Court.
April 14, 2021 at 11:15 AM
6 minute read
The U.S. Court of Appeals for the Second Circuit, in an en banc decision, split from the Seventh Circuit in holding that a landlord "cannot be presumed to have the degree of control over tenants that would be necessary to impose liability under the FHA for tenant-on-tenant misconduct." In rendering its decision, the Second Circuit took great pains to differentiate its instant case, Francis v. Kings Park Manor, 2021 WL 1137441 (2021), from the Seventh Circuit's prior 2018 decision in Wetzel v. Glen St. Andrew Living Cmty., 901 F.3d 856. However, that differentiation collapses on itself, and now the issue is ripe to be taken up by the Supreme Court.
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