Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)

Citation: Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Parent Document: Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-12-01
Original Source: https://www.courtlistener.com/opinion/618130/stevens-v-housing-authority-of-s... ↗

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national origin.” 42 U.S.C. § 3604(b). We noted in
Halprin v. Prairie Single Family Homes of Dearborn
Park Ass’n, 388 F.3d 327, 329 (7th Cir. 2004), that the Fair
Housing Act is aimed generally at access to housing and
does not address post-acquisition discrimination. We
later noted that Section 3604(b) applies to discrimina-
tion linked to any terms, conditions, or privileges that
accompanied or were related to a plaintiff’s acquisition
of her property. Bloch v. Frischholz, 587 F.3d 771, 780
(7th Cir. 2009). In Bloch, the plaintiffs were required to
agree to certain discriminatory building rules in order to
acquire their condominium unit, and we found that was
sufficient to bring their claim regarding the application
of those rules within the purview of Section 3604(b).
Stevens did not contest the district court’s conclusion
that Section 3604(b) did not apply here because Stevens
was granted access to housing, and the defendants urge
us to affirm on the ground that Stevens did not
dispute this particular part of the ruling. Although
Section 3604(b) seems to be a poor fit for Stevens’ claim
relating to HASB’s site selection, the claim fails for a far
more simple reason: lack of evidence.
  In support of her claim that the apartment complex
housed primarily African-American tenants, Stevens
cites three pages of her deposition testimony without
identifying the portion of the record containing those
pages. Our search of the record reveals that only one of the
cited pages appears in the record on appeal. R. 62-4, at 15.
On that page, Stevens states nothing more than that her
unspecified observations were limited to South Bend
No. 10-2724                                            23

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