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

734 chars 
31 Contrary to the views of the dissenters, we draw no inferences against
Francis, nor do we hold his Complaint to a “probability” standard or otherwise
heighten his pleading burden. See Lohier Dissent at 17, 18; Chin Dissent at 2, 4.
Rather, we conclude as a matter of law that the ordinary powers of a landlord do
not establish the substantial control over tenants necessary to impose liability on
landlords under the FHA for tenant-on-tenant conduct. Here, Francis simply fails
to allege—either plausibly or implausibly—that the KPM Defendants had
extraordinary power over tenants. Francis therefore fails to allege a necessary
element of his FHA claim.
       32   See, e.g., Appellant’s En Banc Opening Brief, Dkt. 217, at 23-25.