Manal Farhan v. 2715 NMA LLC (2025)

Citation: Manal Farhan v. 2715 NMA LLC (2025)
Parent Document: Manal Farhan v. 2715 NMA LLC (2025)
Jurisdiction: United States (federal)
Effective Date: 2025-12-04
Original Source: https://www.courtlistener.com/opinion/10747699/manal-farhan-v-2715-nma-llc/ ↗

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comment could have been a simple reminder. At this stage,
we must grant these inferences in Farhan’s favor.
    Second, the majority faults Farhan for not putting forth
“any allegation relating to a discriminatory intent motivating
defendants’ ‘neutrality’ policy.” Ante, at 8. But Farhan’s com-
plaint rebuts that conclusion. Recounting her conversation
with the property manager, Farhan alleges that after she “ex-
plained that she [wa]s Palestinian and flying the flag to ‘ex-
press love and pride’ in her heritage,” the property manager
“stated this was unacceptable.” This allegation—viewed in
the context of Farhan’s additional allegations that the neutral-
ity policy was pretextual in the first place—permits an infer-
ence that Defendants harbored prejudice against Palestinians.
That inference makes it plausible that Defendants’ enforce-
ment of the policy was motivated in part by Farhan’s Pales-
tinian identity.
    Of course, it’s also plausible that the property manager
simply meant that it was unacceptable for Farhan to violate
the neutrality policy, no matter her identity. But a motion to
dismiss is not the time to decide whose version of events to
believe. See Swanson, 614 F.3d at 404.
                          *       *       *
    The heightened pleading standard for FHA claims im-
posed by the majority hampers the ability of all people, re-
gardless of race, color, religion, sex, familial status, or national
origin, see 42 U.S.C. § 3604, to seek redress for FHA violations.
I respectfully dissent.

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