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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

Other Sections in This Document (993)

Full Text

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9To suggest otherwise would render the FHA, a central civil rights statute, an outlier
among civil rights statutes. See Wetzel, 901 F.3d at 863–64 (concluding that the FHA
prohibits a landlord’s deliberate indifference to known harassment because, among
other reasons, Title IX is “comparable” to the FHA and “[m]uch of what the [Supreme]
Court said [about discriminatory harassment in the Title IX context] can be applied
readily to the housing situation”); see also, e.g., Davis, 526 U.S. at 648–49 (Title IX); Zeno
v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 664–66 (2d Cir. 2012) (Title VI); Garcia v.
State Univ. of N.Y. Health Scis. Ctr., 280 F.3d 98, 115 (2d Cir. 2001) (Title II of the
Americans with Disabilities Act and § 504 of the Rehabilitation Act); Gant, 195 F.3d at
140–41 (§ 1981); cf. Farmer v. Brennan, 511 U.S. 825, 847 (1994) (Eighth Amendment);
Charles v. Orange County, 925 F.3d 73, 86–87 (2d Cir. 2019) (Fourteenth Amendment
substantive due process); DiStiso v. Cook, 691 F.3d 226, 240–41 (2d Cir. 2012)
(Fourteenth Amendment equal protection).
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clearly unreasonable. Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655, 665–66 (2d Cir. 2012) (citing Davis, 526 U.S. at 643–50).