Austin, et al. v. Miller, et al. (N.D. Cal.)

On February 14, 2022, the Department filed a statement of interest related to a motion to dismiss filed in Austin, et al. v. Miller, et al. (N.D. Cal.), a private lawsuit alleging that defendants violated the Fair Housing Act by discriminating on the basis of race in connection to a residential home appraisal. The statement of interest explains that appraisers may be liable under the Fair Housing Act and provides guidance on pleading and proof standards for Fair Housing Act claims. On April 13, 2022, the Court issued an order granting in part and denying in part Defendants' motion to dismiss. In so ruling the Court adopted the United States’ pleading standard and found that the Plaintiffs adequately alleged that race was a motivating factor in the appraisal. The Court also stated that the appraisal was a “residential real estate-related transaction” under the Fair Housing Act.