Jose Dagoberto REYES; Rosy Giron De Reyes; Felix Alexis Bolanos; Ruth Rivas; Yovana Jaldin Solis; Esteban Ruben Moya Yrapura; Rosa Elena Amaya; Herbert David Saravia Cruz, Plaintiffs-Appellants,
v.
WAPLES MOBILE HOME PARK LIMITED PARTNERSHIP; Waples Project Limited Partnership; A. J. Dwoskin & Associates, Inc., Defendants-Appellees.
National Housing Law Project; the United States; John D. Trasvina, former HUD Assistant Secretary for Fair Housing and Equal Opportunity; National Fair Housing Alliance; American Civil Liberties Union; Lawyers' Committee for Civil Rights Under Law; Equal Rights Center; Housing Opportunities Made Equal of Virginia, Inc.; Habitat for Humanity of Greater Charlottesville; Piedmont Housing Alliance, Amici Supporting Appellant.
National Federation of Independent Business Small Business Legal Center; the Real Estate Roundtable, Amici Supporting Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 7, 2023.
Decided: January 23, 2024.
Amended: January 24, 2024.
Attorney(s) appearing for the Case
ARGUED: Nicholas Michael DiCarlo, ZUCKERMAN SPAEDER LLP, Washington, D.C., for Appellants. Jonathan Y. Ellis, McGUIREWOODS LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: Simon Sandoval-Moshenberg, Larisa D. Zehr, LEGAL AID JUSTICE CENTER, Falls Church, Virginia; Adam B. Abelson, ZUCKERMAN SPAEDER LLP, Baltimore, Maryland, for Appellants. Michael S. Dingman, MCGUIREWOODS LLP, Tysons, Virginia; Grayson P. Hanes, Justin D. deBettencourt, McLean, Virginia, Colin E. Wrabley, REED SMITH LLP, Pittsburgh, Pennsylvania, for Appellees. Eric Dunn, Katherine E. Walz, Natalie N. Maxwell, NATIONAL HOUSING LAW PROJECT, San Francisco, California, for Amici National Homelessness Law Center, National Immigrant Law Center, National Low Income Housing Coalition, and National Housing Law Project. Kristen Clarke, Assistant Attorney General, Tovah R. Calderon, Teresa Kwong, Appellate Section, Civil Rights Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Damon Smith, General Counsel, Sasha Samberg-Champion, Deputy General Counsel for Enforcement and Fair Housing, Office of General Counsel, Office of Fair Housing, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Washington, D.C., for Amicus United States. Cameron L. Davis, Austin, Texas, Trevor S. Cox, J. Pierce Lamberson, HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Amicus Former HUD Assistant Secretary for Fair Housing and Equal Opportunity John D. Trasviña. Edward Olds, Reed Colfax, RELMAN COLFAX PLLC, Washington, D.C., for Amici National Fair Housing Alliance; American Civil Liberties Union; Lawyers' Committee for Civil Rights Under Law; Equal Rights Center; Housing Opportunities Made Equal of Virginia, Inc.; Habitat for Humanity of Greater Charlottesville; and Piedmont Housing Alliance. Erin E. Murphy, Trevor W. Ezell, CLEMENT & MURPHY, PLLC, Alexandria, Virginia, for Amicus National Federation of Independent Business Small Business Legal Center. Edward M. Wenger, Robert Volpe, Thor Christianson, HOLTZMAN VOGEL BARAN TORCHINSKY & JOSEFIAK PLLC, Washington, D.C., for Amicus The Real Estate Roundtable.
Reversed and remanded by published opinion. Judge Wilkinson wrote the opinion in which Judge King and Judge Heytens joined.
WILKINSON, Circuit Judge:
Residents of Waples Mobile Home Park challenged the Park's policy that required all adult tenants to provide proof of their legal status in the United States in order to renew their leases. The residents argued that the policy violated the Fair Housing Act because it disproportionately ousted Latinos from the Park. The...
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