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EQUAL RIGHTS CENTER v. POST PROPERTIES, INC.

No. 09-5359.

633 F.3d 1136 (2011)

EQUAL RIGHTS CENTER, Appellant v. POST PROPERTIES, INC. et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2011.

Attorney(s) appearing for the Case

John P. Relman argued the cause for the appellant. Stephen M. Dane , Douglas W. Baruch and Katherine A. Raimondo were on brief.

Samuel R. Bagenstos , Principal Deputy Assistant Attorney General, United States Department of Justice, and Dennis J. Dimsey and Lisa J. Stark , Attorneys, United States Department of Justice, were on brief for amicus curiae United States of America in support of the appellant.

Virginia A. Seitz and C. Frederick Beckner III were on brief for amici curiae AARP et al. in support of the appellant.

Lynn E. Calkins argued the cause for the appellees. Christopher B. Hanback and Rafe Petersen were on brief.

Felicia K. Watson was on brief for amicus curiae National Association of Home Builders in support of the appellees.

Concurring opinion filed by Circuit Judge ROGERS.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In November 2006, the Equal Rights Center (ERC), an organization interested in, among other things, fair housing, sued Post Properties, Inc. (Post), alleging that Post "designed, constructed, and operated its [apartment] complexes in a manner making them inaccessible to persons with disabilities in violation of the Fair Housing Act" (FHA), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3631...

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