P contacted D in response to an advertisement for a townhouse. P filed an application with D for rental of the property. P explained a credit report failure was due to P's use of his financial resources to paying the medical bills of his lover, who died in 1994 of AIDS. P assured D that since 1994, he had maintained good credit and that the bank statements and credit references would confirm this. D rejected the offer along with repeatedly better offers from P. P made a final offer to pre-pay one year's rent. That was rejected as well. P and D argued, and P claimed he was a victim of discrimination. P sued D under the Fair Housing Act (FHA), 46 U.S.C. § 3601, et seq. on the grounds of discrimination for sexual orientation, and a medical disability. D moved for summary judgment claiming P had a poor credit history.

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