Published January, 1999
Neithamer v. Brenneman Prop. Servs., Inc., 81 F.Supp.2d 1 (D.D.C. 1999)
The District Court found that demonstrating the existence of a material dispute as to one party's perception of another party's disability is enough to maintain a prima facie case of discrimination under the FHA. Here, a gay, HIV-positive man sought to rent an apartment and, during the application process, disclosed to the landlord's agent that his credit history would reflect several missed payments, and that these missed payments were due to the AIDS-related medical bills of his former partner. The court found that these disclosures were sufficient to give rise to the inference that the defendants knew or suspected he was HIV-positive.
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