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A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi

Fordham Urban Law Journal

On October 8, 2009, Committee Concerning Community Improvement v. City of Modesto created a split in federal circuit courts over whether FHA § 3604(b) applies to discrimination that occupants suffer after acquiring their dwelling. The question is whether the FHA only applies to discrimination in acquiring their property or afterwards as well. This Note examines the split in federal circuit courts created by Modesto. Part I examines the history of the FHA and theories of statutory interpretation. Part II discusses the split in federal authority and both sides’ interpretative methodologies and rationales. . Part III.A maintains that meaning-based and intent-based …