Michael P. Kelly and John T. Kelly v. The Secretary, United States Department of Housing and Urban Development and Dionne Staples

LIVELY, Senior Circuit Judge.

This is a petition to review the final decision of an administrative law judge (ALJ) under the Fair Housing Amendments Act of 1988 (the Act), 42 U.S.C. § 3601, et seq. (1988). We have jurisdiction under § 3612®. The ALJ found that the petitioners, Michael P. Kelly and John T. Kelly, violated the Act by refusing to rent an apartment owned by the Kellys because the applicant had two children. Such a refusal on the basis of “familial status” is unlawful discrimination under the prohibitions contained in § 3604. The ALJ awarded damages to the complainant, and enjoined…