Neithamer v. Brenneman Property Services, Inc.
United States District Court of the District of Columbia
81 F.Supp.2d 1 (1999)
Neithamer (plaintiff), who was gay and HIV-positive, applied to rent a townhouse and explained to Brenneman Property Services' (defendant's) agents that a past lapse in his credit history stemmed from paying his late partner's AIDS-related medical bills; his credit had been good since. Brenneman rejected his application despite his offers of extra security deposit, a co-signor, or prepaying a year's rent, citing his poor credit history and its role as merely the owner's agent. Neithamer sued under the Fair Housing Act, and Brenneman moved for summary judgment, while Neithamer presented evidence Brenneman did not consistently reject poor-credit applicants and had not passed along all his offers to the owner.
Whether, once a plaintiff makes a prima facie showing of discrimination under the Fair Housing Act, the defendant may offer a non-discriminatory reason for rejecting the plaintiff's housing application, subject to the plaintiff's opportunity to show that reason is pretextual.