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FAIR HOUSING COUNCIL v. ROOMMATE.COM, LLC

Nos. 09-55272, 09-55875, 09-55969.

666 F.3d 1216 (2012)

FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY; The Fair Housing Council of San Diego, Plaintiffs-Appellees, v. ROOMMATE.COM, LLC, Defendant-Appellant. Fair Housing Council of San Fernando Valley; The Fair Housing Council of San Diego, Plaintiffs-Appellees, v. Roommate.com, LLC, Defendant-Appellant. Fair Housing Council of San Fernando Valley; The Fair Housing Council of San Diego, Plaintiffs-Appellees-Cross-Appellants, and Fair Housing Council of San Gabriel Valley, Plaintiff, v. Roommate.com, LLC, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2012.

Attorney(s) appearing for the Case

Elizabeth Brancart (argued), Christopher Brancart, Brancart & Brancart, Pescadero, CA, for the plaintiff-appellees and cross-appellants.

Timothy L. Alger (argued), Susan B. Estrich, Scott B. Kidman, Christopher E. Price, Quinn Emanuel Urquhart & Hedges, LLP, Los Angeles, CA, for the defendant-appellant and cross-appellee.

Opinion by Chief Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge IKUTA.

OPINION

KOZINSKI, Chief Judge:

There's no place like home. In the privacy of your own home, you can take off your coat, kick off your shoes, let your guard down and be completely yourself. While we usually share our homes only with friends and family, sometimes we need to take in a stranger to help pay the rent. When that happens, can the government limit whom we choose? Specifically, do the anti-discrimination provisions of the Fair Housing Act ("FHA")...

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