§ 3604

Citation: § 3604
Parent Document: Margaret Kris v. Dusseault Family Revocable Trust et al., 2022 DNH 037P (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-03-23
Original Source: https://www.courtlistener.com/opinion/10693710/margaret-kris-v-dusseault-fami... ↗

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her reasonable accommodation claims, rather than relying on the FHA’s private
right of action, see 42 U.S.C. § 3613. Although there is some authority for finding
that Congress has precluded § 1983 enforcement of FHA rights such as those at
issue here, see S. Middlesex Opportunity Council, Inc. v. Town of Framingham, No.
07-12018-DPW, 2008 U.S. Dist. LEXIS 85764, at *47, 2008 WL 4595369, at *15–16
(D. Mass. Sep. 30, 2008), there is no consensus on that issue, and there is no
binding precedent in the First Circuit. Compare id. with Owen v. City of Hemet,
No. ED CV 19-1388-ODW(E), 2020 WL 5093086, at *7, 2020 U.S. Dist. LEXIS
158738, at *15 (C.D. Cal. June 22, 2020) (“Given the similarities between the
remedies provided under the FHA and those provided under section 1983, it is not
readily apparent that allowing Plaintiff to pursue an FHA claim through section
1983 would constitute an end run around the enforcement mechanism Congress
provided in the FHA.” (citation, footnote, and internal quotation marks omitted)).
This court need not decide whether or not § 1983 could provide a remedy for the
claimed FHA violations, as the proper disposition of Kris’s motion (doc. no. 66) does
not hinge on any restrictions applicable only to FHA claims under § 3613, but not to
FHA claims under § 1983.

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