Oregon Bureau of Labor & Industries Ex Rel. Fair Housing Council of Oregon v. Chandler Apartments, LLC

MEMORANDUM

Defendants-Appellants Chandler Apartments, LLC, 1031, Inc., and James Tarantino (collectively, “Chandler Apartments”) appeal from the district court’s grant of summary judgment to Plaintiffs-Appellees Oregon Bureau of Labor and Industries (“BOLI”) and Fair Housing Council of Oregon (“FHCO”) on their claims of housing discrimination under the Fair Housing Act (“FHA”) and its Oregon state law equivalent. As the parties are familiar with the facts, we do not recount them here. We affirm.

Chandler Apartments argues that plaintiffs have not proved the elements of a claim under the FHA and Or. Rev. Stat. § 659A.145(2)(g).

Dubois v. Ass’n of Apartment Owners of 2987 Kalakaua, 463 F.3d 1175, 1179 (9th Cir. 2006). Chandler Apartments challenges each of these elements as factual conclusions that are in dispute.

Chandler Apartments first argues that plaintiffs’ claims do not satisfy the first element of an FHA claim—“that the plaintiff or his associate is handicapped within the meaning of 42 U.S.C. § 3602 (h)”—because no plaintiff was disabled. FHCO and BOLI both have standing to sue under the FHA even though the testers they used were not actually disabled. FHCO suffered…