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/ ↗

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Scholars have also warned that broad liability regimes might place
landlords in the role of “cops” who threaten their tenants with “unrestrained
vigilantism.” See B. A. Glesner, Landlords as Cops: Tort, Nuisance & Forfeiture
Standards Imposing Liability on Landlords for Crime on the Premises, 42 Case W. L. Rev.
679, 791 (1992).
       45  To be clear, we both (1) decline to apply a deliberate indifference theory
of liability under the FHA in the circumstances of this case because there were no
factual allegations to suggest that the KPM Defendants exercised substantial
control over Endres; and (2) decline to infer discriminatory intent from the KPM
Defendants’ alleged deliberate indifference to Francis’s reports of harassment. A
discrimination plaintiff may adequately plead that a defendant engaged in
intentional discrimination through deliberate indifference to a third party’s
conduct where he plausibly alleges that the defendant’s “[deliberate] indifference
was such that the defendant intended the discrimination to occur.” Gant, 195 F.3d
at 141. Had Francis plausibly alleged that KPM’s inaction occurred against a
backdrop of consistently exercised control over tenants in roughly comparable