Alexander V. Maugeri , Deputy Assistant Attorney General ( Eric S. Dreiband , Assistant Attorney General, Thomas E. Chandler , Attorney, U.S. Department of Justice; J. Paul Compton, Jr. , General Counsel, Timothy J. Petty , Deputy General Counsel, U.S. Department of Housing and Urban Development, on the brief), Washington, D.C., for the United States of America, Amicus Curiae in support of neither party.†
Lohier, Circuit Judge, joined by Pooler, Katzmann, Chin, and Carney, Circuit Judges, filed an opinion dissenting in part and concurring in part.
José A. Cabranes, Circuit Judge:
The principal question presented to the en banc Court is the following: Does a plaintiff state a claim under the Fair Housing Act of 1968 ("FHA")1 for intentional discrimination by alleging that his landlord failed to respond to reports of race-based harassment by a fellow...
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