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)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

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Finally, Appellants propose the District apply the
Security Deposit Policy to all its customers, rather than
applying it solely to public housing residents. Requiring the
District to increase all its customers’ costs and burdens by
applying the Security Deposit Policy regardless whether
their landlords comport with the District’s requirement that
landlords pay tenant delinquencies may annul the disparate
impact, but it is not a reasonable alternative given this
record. We must also take into account the costs and burdens
of proposed alternatives. Hardie, 876 F.3d at 320.
Mandating the District to discard the rational tailoring of the
Security Deposit Policy incorrectly signals that justified,
deliberate, and legitimate policies, which impact protected
groups, violate the FHA. This is improper. See Inclusive
Communities, 576 U.S. at 521 (“Policies, whether
governmental or private, are not contrary to the disparate-
impact requirement unless they are artificial, arbitrary, and
unnecessary barriers.” (quotation marks and citation
omitted)). Neither would increasing the security deposit of

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