NEITHAMER V. BRENNEMAN PROPERTY SERVICES, INC. 81 F.Supp.2d 1 (1999) CASE BRIEF

NEITHAMER V. BRENNEMAN PROPERTY SERVICES, INC.

81 F.Supp.2d 1 (1999)

NATURE OF THE CASE: Brenneman (D), property manager and agents, moved for summary judgment on claim of gay, HIV positive Neithamer (P) under the Fair Housing Act, 42 U.S.C.S. 3601 et seq., and the D.C. Human Rights Act, D.C. Code Ann. 1-2515, for housing discrimination because of his sexual orientation and his medical disability.

FACTS: P contacted D in response to an advertisement for a townhouse. P filed an application with D for rental of the property. P explained a credit report failure was due to P's use of his financial resources to paying the medical bills of his lover, who died in 1994 of AIDS. P assured D that since 1994, he had maintained good credit, and that the bank statements and credit references would confirm this. D rejected the offer along with repeatedly better offers from P. P made a final offer to pre-pay one year's rent. That was rejected as well. P and D argued and P claimed he was a victim of discrimination. P sued D under the Fair Housing Act (FHA), 46 U.S.C. 3601, et seq. on the grounds of discrimination for sexual orientation, and a medical disability. D moved for summary judgment claiming P had a poor credit history.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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