DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 290

Citation
§ 290
Parent Document
Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2021)
Effective Date
2021-03-25
Original Source
https://www.courtlistener.com/opinion/4867798/francis-v-kings-park-manor-inc/ ↗

Other Sections in This Document (993)

Full Text

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15 Francis claimed initially on appeal that he had stated an FHA claim
against the KPM Defendants for “negligent failure to remedy a discriminatory and
hostile environment.” Dkt. 37 at 14 (capitalization omitted). Francis asserted the
existence of a negligence claim based chiefly on an asserted analogy between the
FHA and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title
VII”), a statute governing employment discrimination. On rehearing en banc,
Francis has abandoned his negligence theory of landlord liability and concedes that
it would be reasonable for this Court to reject such a claim. See September 24, 2020
En Banc Oral Argument Transcript at 10:12-24.
       16 42 U.S.C. § 3604(b). The FHA also forbids “coerc[ing], intimidat[ing],
threaten[ing], or interfer[ing] with any person in the exercise or enjoyment of, or on
account of his having exercised or enjoyed, or on account of his having aided or
encouraged any other person in the exercise or enjoyment of, any right granted or
protected by section . . . 3604 . . . . ” 42 U.S.C. § 3617.