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301, 712, 2103 AND 3151 LLC v. CITY OF MINNEAPOLIS

No. 20-3493.

27 F.4th 1377 (2022)

301, 712, 2103 AND 3151 LLC; 12 Twenty-Second and 1827 LaSalle LLC; 137 East Seventeenth Street LLC; 1522 LaSalle Avenue LLC; 1728 Second Avenue and 1801 Third Avenue LLC; 1806 and 1810 Third Avenue LLC; 1816, 1820 and 1830 Stevens Avenue LLC; 1817 Second Avenue LLC; 1900 and 1906 Clinton Avenue LLC; 1924 Stevens Avenue LLC; 2020 Nicollet Avenue LLC; 2101 Third Avenue LLC; 2323 and 2401 Clinton Avenue LLC; 2417, 2423 and 2439 Blaisdell Avenue LLC; 2427 Blaisdell and 2432 First Avenue LLC; 25 Twenty-Fifth Street LLC; 2535 Clinton Avenue LLC; 2545 Blaisdell Avenue LLC; 2609 Hennepin Avenue LLC; 2633 Pleasant Avenue LLC; 2720 Pillsbury Avenue LLC; 2738 and 2750 Pillsbury Avenue LLC; 2809 Pleasant Avenue LLC; 600 Franklin Avenue LLC; Amy Smith; Blaisdell 3322, LLC; Bloomington 4035, LLC; Bryant Avenue Properties LLC; Colfax Apartments LLC; Dupont Properties LLC; Fletcher Properties, Inc.; Franklin Villa Partnership, L.L.P.; Fremont Apartments, LLC; Fremont Terrace Apartments, L.L.C.; Garfield Court Partnership, L.L.P.; Gasparre New Boston Square, LLC; Gateway Real Estate, L.L.C.; JEC Properties, LLC; Lagoon Apartments, LLC; LL LLC; Northern Gopher Enterprises, Inc.; Patricia L. Fletcher, Inc.; Ray Peterson, Plaintiffs-Appellants v. CITY OF MINNEAPOLIS, Defendant-Appellee National Apartment Association; Pacific Legal Foundation, Amici on Behalf of Appellant(s) Home Line; Housing Justice Center; Lawyers' Committee for Civil Rights Under Law; Mid-Minnesota Legal Aid; Minnesota Collaborative Justice Initiative; Violence Free Minnesota, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: March 14, 2022.

Attorney(s) appearing for the Case

Robert W. Hayes , Calli Jo Padilla , Cozen & O'Connor, Philadelphia, PA, Cassandra M. Jacobsen , Mark Alan Jacobson , Steven P. Katkov , Cozen & O'Connor, Minneapolis, MN, for Plaintiffs-Appellants.

Brian Scott Carter , City Attorney's Office, Minneapolis, MN, for Defendant-Appellee.

Anthony L. Francois , Briscoe & Ivester, Brian Hodges, San Francisco, CA, Daniel Woislaw , Pacific Legal Foundation, Sacramento, CA, for Amici on Behalf of Appellant(s).

Jon M. Greenbaum , Lawrence Reed McDonough , Lawyers' Committee for Civil Rights Under Law, Washington, DC, Timothy L. Thompson , Housing Preservation Project, Saint Paul, MN, for Amici on Behalf of Appellee(s).

Before SMITH, Chief Judge, WOLLMAN and BENTON, Circuit Judges.

The Minneapolis City Council enacted Ordinance No. 244.2030 in 2019. It requires landlords to evaluate applicants for rental housing by either (1) "inclusive screening criteria" or (2) "individualized assessment." Under the first option, applicants may not be rejected due to specifically listed criminal, credit, or rental...

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