Amicus Briefs
Francis v. Kings Park Manor
CASE SUMMARY
NCLA filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in Donahue Francis v. Kings Park Manor, Inc., et al., on rehearing en banc.
NCLA’s brief, which supported neither party, asked the bench to eschew Chevron deference in its decision, respect the rule of lenity, observe the principle of party presentation, and avoid the appearance of bias in this case.
At issue was whether to recognize a new cause of action against a landlord for egregious tenant-on-tenant discrimination for a “racially hostile housing environment” under the Civil Rights Act of 1866 and the Fair Housing Act of 1968 (FHA).
NCLA’s brief called out the court for questionable actions that left an unmistakable impression of deference and bias in favor of one party, Mr. Francis. These actions included: inviting the U.S. Department of Housing and Urban Development (HUD) to submit a pro-plaintiff amicus brief; allowing the plaintiff to raise a new issue for the first time on appeal; and, giving HUD a months-long extension of time so that it could promulgate a final rule to rely on in its amicus brief.