San Pedro Hotel Co. v. City of Los Angeles, 159 F.3d 470 (1998)

Citation: San Pedro Hotel Co. v. City of Los Angeles, 159 F.3d 470 (1998)
Parent Document: San Pedro Hotel Co. v. City of Los Angeles, 159 F.3d 470 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-11-06
Original Source: https://www.courtlistener.com/opinion/7072946/san-pedro-hotel-co-v-city-of-lo... ↗

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While the City is under no duty “to construct, to ‘plan for, approve and promote’ any housing,” see Acevedo v. Nassau County, 500 F.2d 1078, 1082 (2d Cir.1974), the City does have a duty to act in a non-diseriminatory manner. See Huntington Branch, N.A.A.C.P. v. Town of Huntington, 844 F.2d 926 (2d Cir.1988) (holding that town violated Act by rejecting proposal to construct subsidized housing in primarily white neighborhood when its proffered reasons were unconvincing), review denied in part and judgment affirmed, 488 U.S. 15, 109 S.Ct. 276, 102 L.Ed.2d 180 (1988), rehearing denied, 488 U.S. 1023, 109 S.Ct. 824, 102 L.Ed.2d 813 (1989). Because we read their complaint to allege discriminatory conduct, we hold that the Fentises state a claim under the Act.

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