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Karl Pfaff Elizabeth Pfaff v. U.S. Department of Housing and Urban Development

Citations: 88 F.3d 739; 96 Cal. Daily Op. Serv. 4951; 96 Daily Journal DAR 7988; 1996 U.S. App. LEXIS 15770; 1996 WL 363613Docket: 94-70898

Court: Court of Appeals for the Ninth Circuit; July 2, 1996; Federal Appellate Court

Narrative Opinion Summary

The case involves private landlords who challenged a determination by the Department of Housing and Urban Development (HUD) that they engaged in familial status discrimination under the Fair Housing Act (FHA) due to their occupancy restrictions. The landlords limited occupancy in their rental properties, rejecting a family of five based on these restrictions and leading to a complaint filed by the family with HUD. The Administrative Law Judge (ALJ) found the landlords liable for disparate impact discrimination, ordering compensatory damages and penalties. The ALJ demanded the landlords demonstrate a compelling business necessity for their policy, a standard akin to constitutional strict scrutiny, which they failed to meet. The Ninth Circuit Court of Appeals, however, overturned the ALJ's decision, criticizing HUD's aggressive enforcement and the application of an inconsistent standard not in effect at the time of the landlords' actions. The court found HUD's actions arbitrary and capricious, reversed the order against the landlords, and dismissed the discrimination charge, emphasizing the need for clearer guidance from HUD on occupancy limits consistent with the Fair Housing Amendments.

Legal Issues Addressed

Arbitrary and Capricious Agency Action

Application: The court found HUD's actions against the Pfaffs arbitrary and capricious, reversing the ALJ's order and dismissing the Charge of Discrimination.

Reasoning: Ultimately, the court found HUD's enforcement actions against the Pfaffs to be arbitrary and capricious, reversing the Administrative Law Judge's order and dismissing the Charge of Discrimination.

Fair Housing Act and Familial Status Discrimination

Application: The Pfaffs challenged HUD's determination of familial status discrimination under the FHA, as their occupancy restriction was deemed to have a disparate impact on families with children.

Reasoning: Petitioners Karl and Elizabeth Pfaff, private landlords, challenged a decision by the Department of Housing and Urban Development (HUD) that found them liable for familial status discrimination under the Fair Housing Act (FHA) due to their occupancy restrictions.

Jurisdiction and De Novo Review

Application: The court exercised de novo review over the ALJ's conclusions under the FHA, which prohibits discrimination based on familial status.

Reasoning: Jurisdiction over the Pfaffs' petition is established under section 812(i) of the Fair Housing Act (FHA), with a de novo review of the Administrative Law Judge's (ALJ) legal conclusions.

Prima Facie Case of Disparate Impact

Application: The ALJ found that HUD established a prima facie case of discrimination, requiring the Pfaffs to justify their occupancy limit as a 'compelling business necessity.'

Reasoning: The ALJ determined that HUD established a prima facie case of discrimination against the Pfaffs for 'disparate impact' by denying a family of five, the Nymoens, the opportunity to rent a property while allowing a smaller family to rent it instead.

Standard for Justifying Occupancy Limits

Application: The ALJ applied a stringent 'Mountain Side' test, requiring the Pfaffs to demonstrate that their occupancy policy was the 'least restrictive means' available, which was deemed unfair by the court.

Reasoning: However, the decision indicated that the ALJ erred by applying the Mountain Side test too stringently in this case.