Nos. 10-35714, 10-35970.

642 F.3d 765 (2011)

Raymond T. BALVAGE and Deborah A. Balvage, husband and wife; Charles E. Weaver and Susan M. Weaver, husband and wife; Joyce Marie Adams; Luvern Harland Allen; Edgar Ames; James Alvin Baker and Darla Jean Baker, husband and wife; Ralph Alvin Barfell, Jr.; Sharon Marie Banta; Ray Bodine and Janie Kay Bodine, husband and wife; Richard Anthony Braga, Jr. and Margaret Louise Braga, husband and wife; Charles Thomas Caldwell and Sandi Kay Caldwell, husband and wife; Laren Willbur Coleman and Pamela Denise Coleman, husband and wife; Alvin Dee Colpitts and Corabelle Colpitts, husband and wife; Betty Gene Donoghue; Elizabeth Elaine Dupree; Joyce Elain Fischer; Jeannette H. Headen; Glenn Richard Huestis and Carol Nadine Huestis, husband and wife; Barbara Jean Joy; Miriam Margaret Kennedy-Allen; Gerald Blair Kolb and Ethel May Kolb, husband and wife; Alfred Wesley Leach and Gloria Eileen Leach, husband and wife; Raymond Ernest Morris and Carolyn L. Morris, husband and wife; Arnold Nadeau; Karen Campbell; Bob Pistone and Doris Pistone, husband and wife; Vern Powell and Sharon Powell, husband and wife; Earleen M. Rutherford; Charles John Santineau; Barbara Louise Pepper; Lucas John Shimmin; Don Smith and Diane Smith, husband and wife; Donald Neil Stroud and Sharon Lee Stroud, husband and wife; Walter Gordon West and Janet Marie West, husband and wife; Beverly White; Bob White and Diane White, husband and wife, Plaintiffs-Appellees, v. RYDERWOOD IMPROVEMENT AND SERVICE ASSOCIATION, INC., a Washington non-profit corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2011.

Attorney(s) appearing for the Case

Steven Goldstein (argued), Richard Ross and Victoria M. Pond , Betts, Patterson & Mines, P.S., Seattle, WA, for the defendant-appellant.

Joseph E. Lynam (argued) and Abraham K. Lorber , Lane Powell PC, Seattle, WA, for the plaintiffs-appellees.

Thomas E. Perez , Assistant Attorney General, Dennis J. Dimsey and Jennifer Levin Eichhorn , Attorneys, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for amicus curiae Secretary of the U.S. Department of Housing and Urban Development.

Before: SUSAN P. GRABER and RAYMOND C. FISHER, Circuit Judges, and CONSUELO B. MARSHALL, District Judge.


FISHER, Circuit Judge:

We hold that a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the Fair Housing Act's prohibition on familial status discrimination by establishing that it currently satisfies the exemption's three statutory and regulatory criteria at the time of the alleged...

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