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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Effective Date
2010-09-01

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Disparate-treatment claims under the FHA are tested under the same framework
as Title VII disparate-treatment claims. Ring v. First Interstate Mortgage, Inc., 984
F.2d 924, 926 (8th Cir. 1993) (applying the three-stage Title VII analysis to a FHA
disparate treatment claim). The standard is familiar—did the defendant(s) treat the
plaintiff(s) less favorably than others based on their race, color, religion, sex or
national origin? Appellants contend that the manner in which the City enforced its
Housing Code was discriminatory. Specifically, Appellants allege that the City
enforced the Housing Code more aggressively with regard to their properties because
they rented to a disproportionately high amount of racial minorities, particularly
African-Americans.