Gilligan

Catherine and Maurice Gilligan and their minor children, David and Wayne Gilligan (collectively, “the Gilligans”), appeal the dismissal of their action brought under the Fair Housing Act (“FHA” or “Title VIII”), 42 U.S.C. §§ 3604 , 3613 (1994), and their pendent claim brought under the California Fair Employment and Housing Act, Cal. Gov’t Code § 12955 (1995). The Gilligans allege that Jamco Development Corporation (“Jam-co”) and Ruth Fischer, the manager of Jam-eo’s Verdugo Gardens apartment complex, refuse applications from all prospective tenants who receive benefits from the federal Aid to Families with Dependent Children program (“AFDC”). In their complaint, the Gilligans assert that such a restriction constitutes discrimination on the basis of familial status in violation of the FHA We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court’s dismissal of the Gilligans’ claims.

FACTUAL BACKGROUND

Congress extended the FHA’s protection to familial status in the Fair Housing Act Amendments of 1988, Pub.L. No. 100-430, 102 Stat. 1620. The FHA makes it unlawful to “refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a…