Malibu Investment Co. v. Sparks

¶ 39 I respectfully dissent. Plaintiff Kathy Sparks (“Sparks”) has raised genuine issues of material fact regarding whether defendant Malibu Investment Co. (“Malibu”) discriminated against her based upon the protected category of “familial status.” The landlord sent a notice to Sparks that was facially discriminatory, requiring her to remove her grandchild from the mobile home unit they resided in together. The basic principles of federal and Utah fair housing and discrimination law require that in a case with disputed issues of material fact, Sparks be given a chance to prove that a…