kitchens, bedrooms, living areas and that their units and place bathrooms;” residents, “decorate personal items in that residents are responsible for, that all them;” “cleaning [their] apartments;” residents are provided a and a key to their that “Resident Handbook” “receive[] apartment;” residents must of their income into an and that residents have the pay, “30% escrow account;” right to make and before staff enter their apartments. “maintenance requests” “receive notice” First Am. Compl. ¶¶ 63-68. Accordingly, Plaintiffs have alleged sufficient facts to show that See Building 12 and the Girard Street Apartments are under the FHA. “dwellings” The FHA Applies to Discriminatory Conduct Against Shelter Residents The District also argues that Plaintiffs cannot bring an FHA claim because they do not pay and therefore are not under 42 U.S.C. § 3604(f)(1)-(3) of the FHA. Mot. “renters” Def.’s Dismiss 10-11. This argument fails for several reasons. First, the text of the FHA is not limited only to sale or rental transactions involving owners or paying tenants. For example, 42 U.S.C. § 3604(f)(2) states that it is unlawful to discriminate against: any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of (A) that person; or (B) a person residing in or intending to resided in that dwelling – after it is so sold, rented or made available; or (C) any person associated with that person. 42 U.S.C. § 3604(f)(2). Section 3604(f)(2) protects from discrimination, and the phrases, “any person” “terms, conditions, or privileges of sale or and, of services or encompass rental,” “provision facilities,” activities that extend beyond the sale or rental transaction, including benefits that are ongoing in nature, such as the use of common areas, maintenance, access to facilities, and rules of enforcement. Indeed, HUD regulations provide that unlawful conduct under this section the use of privileges, services or facilities associated with a dwelling includes, “[l]imiting
kitchens, bedrooms, living areas and bathrooms;” that residents, “decorate their units and place personal items in them;” that residents are responsible for, “cleaning [their] apartments;” that all residents are provided a “Resident Handbook” and “receive[] a key to their apartment;” that residents must pay, “30% of their income into an escrow account;” and that residents have the right to make “maintenance requests” and “receive notice” before staff enter their apartments. See First Am. Compl. ¶¶ 63-68. Accordingly, Plaintiffs have alleged sufficient facts to show that Building 12 and the Girard Street Apartments are “dwellings” under the FHA. The FHA Applies to Discriminatory Conduct Against Shelter Residents The District also argues that Plaintiffs cannot bring an FHA claim because they do not pay and therefore are not “renters” under 42 U.S.C. § 3604(f)(1)-(3) of the FHA. Def.’s Mot. Dismiss 10-11. This argument fails for several reasons. First, the text of the FHA is not limited only to sale or rental transactions involving owners or paying tenants. For example, 42 U.S.C. § 3604(f)(2) states that it is unlawful to discriminate against: any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of – (A) that person; or (B) a person residing in or intending to resided in that dwelling after it is so sold, rented or made available; or (C) any person associated with that person. 42 U.S.C. § 3604(f)(2). Section 3604(f)(2) protects “any person” from discrimination, and the phrases, “terms, conditions, or privileges of sale or rental,” and, “provision of services or facilities,” encompass activities that extend beyond the sale or rental transaction, including benefits that are ongoing in nature, such as the use of common areas, maintenance, access to facilities, and rules of enforcement. Indeed, HUD regulations provide that unlawful conduct under this section includes, “[l]imiting the use of privileges, services or facilities associated with a dwelling