Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (1999)

Citation: Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (1999)
Parent Document: Anna Harris v. Edna Itzhaki Rafael Itzhaki, 183 F.3d 1043 (1999)
Jurisdiction: United States (federal)
Effective Date: 1999-07-12
Original Source: https://www.courtlistener.com/opinion/765199/anna-harris-v-edna-itzhaki-rafae... ↗

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Ms. Harris confronted Ms. Wald-man regarding her discriminatory statement in December 1995. Four months later, the Itzhakis contend they did find her check under Ms. Harris’ doormat, the previously agreed method of payment. The accepted practice was for Mrs. Itzhaki to call the tenant before sending a three-day notice. The following month, the same incident occurred, causing Ms. Harris to send all subsequent payments by certified mail. Ms. Harris presented evidence that she suffered emotional distress as a result of the notices and feared a racially motivated eviction in the future. Under these facts, we conclude that Ms. Harris has established a prima facie disparate treatment claim under the FHA-that Harris, as a protected class member under the FHA, was subject to eviction proceedings that were contrary to the established policy and practice. Consequently, Ms. Harris contends she suffered emotional distress and disruption in the quiet enjoyment of her apartment.

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