Covey

Anthony Covey, Caren Covey, Anthony Pegnatori, and Karen Pegnatori (“Appellants”) lived in a mobile home park where children were unwelcome. They sued Holly-dale Mobile Home Estates (“the Park”) and its owners, trustees and employees (collectively, “Appellees”), claiming that Appellees discriminated against them on the basis of familial status, in violation of the Fair Housing Act (“FHA”), because they had children living in their mobilehomes. During the pen-dency of Appellants’ action, the Department of Housing and Urban Development (“HUD”) changed the regulations applicable to housing that could qualify as senior housing. After this appeal was filed, Congress amended the FHA to eliminate the challenged requirement for qualified senior housing. Because we conclude that neither the new regulations nor the statutory amendment apply to this ease, we reverse the district court’s summary judgment order and remand for trial.

I. BACKGROUND

A. FACTS

The Park is a 134 — unit mobilehome park located in a rustic area of Brea, California. Until September 1988, the Park operated as an adult park and required all residents to be over eighteen years of age. When Congress amended the FHA to…