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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

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circumstances, it might be reasonable to infer that the KPM Defendants intended
Endres’s race-based harassment of Francis to occur. Instead, Francis alleges only
that KPM intervened, with unspecified frequency and forcefulness, to address
other unspecified violations of leases or of the law. Such allegations are insufficient
as a matter of law to give rise to the inference that the KPM Defendants intended
discrimination to occur.
       46   Francis I, 944 F.3d at 395 (Livingston, J., dissenting).
       47 Specifically, under the alternative proposed by Francis, tenants would
conceivably bear rent increases (or suffer lower quality housing) that reflect the
costs of enforcing antidiscrimination protocols, such as by hiring security staff.
Further, prospective and current renters would confront more restrictive leases rife
with in terrorem clauses, intensified tenant screening procedures, and intrusions