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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)

Full Text

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Appellants also contend that the City failed to “affirmatively further fair
housing,” contrary to its certifications to HUD.7 Included in this duty, according to
Appellants, was an obligation to analyze impediments to fair housing. This claim is
not properly before the Court because Appellants failed to pursue it as anything more
than background information before the district court. See Universal Title, 942 F.2d
at 1314. Were we to consider this claim, we would nonetheless conclude that the
City’s duty to “affirmatively further fair housing” has no independent significance.
See Langlois v. Abington Hous. Auth., 234 F. Supp. 2d 33, 72–73 (D. Mass. 2002)
(duty to affirmatively further fair housing mirrors the obligations imposed by the
FHA); see also Charleston Hous. Auth., 419 F.3d at 740 (assuming that the
“affirmatively further fair housing” claim is subsumed by the FHA claim).