Harris v. Itzhaki

183 F.3d 1043 (9th Cir. 1999)

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Nature of the Case

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Facts

Harris became a resident at Itzhaki’s apartment complex, which was essentially run by a tenant, Leah Waldman. Harris is African-American, the only one Itzhaki ever rented to. Harris overheard a conversation between Leah and the gardener regarding a vacancy and that Itzhaki did not want to rent it to Blacks. Harris informed Leah that her comments were illegal and racist. Harris then complained to the Fair Housing Council. They tested the complex for racial discrimination. The white tester met no suspicious activity of any kind. The black tester was met with activity that might indicate a preference not to deal with blacks. The black tester appeared the next day to inspect the apartment and was met with a different reception than the one given the white tester who appeared twenty minutes later. After Harris made her complaint to Fair Housing, she got two notices to pay rent or to quit even though she had left her rent check under Leah’s doormat. Harris then filed a complaint in federal District Court alleging discrimination. The court dismissed the action for lack of standing.