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SOUTHWEST FAIR HOUS. v. MARICOPA DOMESTIC WATER

No. 20-15506.

9 F.4th 1177 (2021)

SOUTHWEST FAIR HOUSING COUNCIL, INC., an Arizona nonprofit corporation; Tavita Pena; Jennifer Peters, Plaintiffs-Appellants, v. MARICOPA DOMESTIC WATER IMPROVEMENT DISTRICT, an Arizona municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2021.

Attorney(s) appearing for the Case

Elizabeth Brancart (argued) and Christopher Brancart , Brancart & Brancart, Pescadero, California; Paul Gattone , Law Office of Paul Gattone, Tucson, Arizona; for Plaintiffs-Appellants.

Jeffrey C. Matura (argued) and Melissa J. England , Barrett & Matura P.C., Scottsdale, Arizona, for Defendant-Appellee.

Jeffrey L. Taren and Jesse Wing , MacDonald Hoague & Bayless, Seattle, Washington, for Amici Curiae National Fair Housing Alliance Inc., Fair Housing Council of Oregon, Fair Housing Advocates of Northern California, Fair Housing Center of Washington, Fair Housing Council of Riverside County Inc., Fair Housing Council of San Diego, Fair Housing Foundation, Housing Rights Center, Inland Fair Housing and Mediation Board, Intermountain Fair Housing Council, Montana Fair Housing, Northwest Fair Housing Alliance, Project Sentinel, Silver State Fair Housing Council, Fair Housing Napa Valley, and Legal Aid Society of Hawai'i.

Before: William A. Fletcher, Carlos T. Bea, and Michelle T. Friedland, Circuit Judges.

OPINION

The federal Fair Housing Act ("FHA") bars discriminatory housing policies and practices, including those that cause a disparate impact according to certain protected characteristics or traits—race, color, religion, sex, handicap, familial status, or national origin. But, absent evidence of intentional...

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