United States v. University of Nebraska at Kearney

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

The Fair Housing Act, 42 U.S.C. § 3601 et seq. (FHA), generally makes it unlawful to deny a “dwelling” to a person based on the person’s handicap. See 42 U.S.C. § 3604(f). The question presented is whether student housing at the University of Nebraska-Kearney (UNK) is a “dwelling” within the meaning of the FHA. The Court concludes that it is, making the anti-discrimination provisions of the FHA applicable. Accordingly, the Court will deny the defendants’ motion for summary judgment and grant the United States’ motion.

BACKGROUND

The underlying…