Southwest Fair Housing Council, Inc. v. Maricopa Domestic Water Improvement District

Facts: Previous public housing tenants fail to pay their water bill at greater rates of occurrence than other users of water. The water district increases the security deposit for public housing tenants beyond the amount required of non-public housing tenants.

Claim: Public housing tenants along with a local fair housing organization claim the new policy is discriminatory under the Federal Fair Housing Act (FFHA) since it disproportionately impacts minority classifications of tenants.

Counterclaim: The water district claims the greater amount is necessary since a lower amount will leave the water district vulnerable to financial loss.

Holding:  The ninth circuit court of appeals holds the water district did not discriminate by increasing the security deposit for public housing tenants since the tenants did not demonstrate the water district was motivated by discrimination in setting the increased amount. [Southwest Fair Housing Council, Inc. v. Maricopa Domestic Water Improvement District (9th Cir. 2021) 17 F4th 950]

Read Southwest Fair Housing Council, Inc. v. Maricopa Domestic Water Improvement District in full here.

Related Reading:

Property Management

Chapter 55: Civil rights and fair housing laws