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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Effective Date
2021-11-12

Other Sections in This Document (145)

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though not all, of its costs related to delinquencies with a
lower deposit amount and that the District should be content
with that. A plaintiff may attempt to rebut the defendant’s
proof that it has a substantial basis for setting the cost of the
deposit at a certain dollar figure by showing the cost is either
not substantially related to the loss to be prevented or
pretextually high—but plaintiffs may not simply assert a
business’s interest is illegitimate because the plaintiff does
not believe the financial losses at issue are worth preventing.
That is nothing more than subjective second-guessing the
sound exercise of a business’s discretion. See Inclusive
Communities, 576 U.S. at 540–41.