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Francis v. Kings Park Manor, Inc.

992 F.3d 67 (2021)

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Francis v. Kings Park Manor, Inc.

United States Court of Appeals for the Second Circuit
992 F.3d 67 (2021)

RW

Facts

A fellow tenant repeatedly subjected Donahue Francis (plaintiff) to racial harassment, including death threats. Francis reported these incidents to the police, who investigated and subsequently arrested the harasser. Francis also reported the incidents and mentioned the police investigation to his landlord, Kings Park Manor, Inc. (KPM) (defendant). KPM leases gave KPM authority to discipline or evict unruly tenants. Although KPM had invoked this authority in other situations, Francis never asked KPM to discipline his harasser. Instead, Francis sued KPM for violating the Fair Housing Act (FHA). A New York federal district court granted KPM’s motion to dismiss. A panel of the Second Circuit reversed. The full court granted an en banc rehearing.

Rule of Law

Issue

Holding and Reasoning (Cabranes, J.)

Concurrence/Dissent (Lohier, J.)

Concurrence/Dissent (Chin, J.)

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