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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

Other Sections in This Document (106)

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asserts that PP2000 would not reduce the alleged impact on protected class tenants.
The district court agreed with the City, explaining, “Because participating landlords
were not excused from compliance with the Housing Code, they would still incur the
same costs of compliance with the housing code, leaving any alleged discriminatory
effect on African-Americans unchanged.” Steinhauser, 595 F. Supp. 2d at 999 n.9.
This reasoning, however, fails to appreciate that Appellants complain about how the
City enforced the Housing Code—not just the code’s standards and requirements.
Appellants offer evidence that the challenged enforcement practices burdened rental-
property owners and thereby reduced affordable housing options. There is also
evidence that PP2000 generated a cooperative relationship with property owners,
achieved greater code compliance, and resulted in less financial burdens on rental
property owners. It is reasonable to infer from these facts, viewed most favorably to
Appellants, that PP2000 would significantly reduce the impact on protected class
members. Thus, there is a genuine dispute of fact regarding whether PP2000 was a
viable alternative to the City’s aggressive Housing Code enforcement practices.