In 1973, Robert Sallee got a proprietary lease in a studio unit of 485 square feet in the Tropic Seas, Inc. (D) cooperative apartment complex. Robert married Betty, and they lived there until 1989. In 1986, Betty had a child, and due to occupancy restrictions prohibiting children less than 14 years of age, they moved. In 1988, the Fair Housing Act was passed, and it prohibited all discrimination against families with children. D then repealed its child restrictions but did not repeal its occupancy restrictions. The Sallees decided to move back into their studio, the three of them. However, the occupancy restriction said only two persons may occupy studio and one-bedroom apartments. D filed a breach of contract action to evict the Sallees. The Sallees counterclaimed for violation of the Fair Housing Act. The Hawaii Civil Rights Commission made a ruling that unlawful discrimination may have occurred. The Sallees moved for summary judgment on their fair housing claim, and it was granted. During the pendency of that motion, HUD issued a determination that D had discriminated. The United States (P) then sued D and its individual board members. The Sallees are now seeking judgment under 42. U.S.C. §3617.

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