Georgia State Conference of the NAACP v. City of LaGrange, Georgia, 940 F.3d 627

The City of LaGrange, Georgia is the sole local provider of water, gas, and electricity and enforces two challenged policies: (1) a court-debt policy requiring applicants and current customers to satisfy outstanding municipal debts (with possible termination without notice), and (2) an identification policy requiring photo ID and (formerly) a Social Security number to open new accounts.
Plaintiffs (two NAACP chapters, Project South, and seven individuals) alleged those policies have a disparate impact on Black and Hispanic residents and thus violate § 3604(b) of the Fair Housing Act (FHA).
The district court dismissed under Rule 12(b)(6), holding § 3604(b) does not reach post-acquisition conduct (i.e., actions taken after a person has acquired housing).
On appeal, the Eleventh Circuit addressed whether § 3604(b) can cover post-acquisition conduct and whether municipally provided utilities fall within the statute’s services clause.
The Eleventh Circuit vacated and remanded, holding § 3604(b) can reach some post-acquisition conduct and that basic utilities (water, gas, electricity), when essential to habitability and closely tied to sale/rental, fall within § 3604(b); remand for further proceedings on disparate-impact claims and any defenses (standing, etc.).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 3604(b) covers post-acquisition conduct	§ 3604(b)’s ban on discrimination "in the provision of services or facilities in connection therewith" includes conduct after acquisition	§ 3604(b) applies only to discrimination at or before the sale/rental moment; not post-acquisition	§ 3604(b) unambiguous and can reach certain post-acquisition conduct when services are connected to sale/rental
Whether municipal utilities are "services . . . in connection therewith"	Utilities are necessary to inhabit a dwelling and are directly connected to sale/rental, so they fall within § 3604(b)	Municipal services are broader and not all (e.g., law enforcement, zoning) are tied to sale/rental; statute should not be read that broadly	Utilities (water, gas, electricity) are closely tied to sale/rental and essential to habitability, so they fall within § 3604(b)
Whether a city (non–housing-provider third party) can be liable under § 3604(b)	City policies governing utility access can be challenged under § 3604(b) even if city wasn’t party to the sale/rental transaction	The City is a stranger to individual sale/rental transactions and therefore not subject to § 3604(b) liability	The text of § 3604(b) does not limit liability to housing providers; a city can be subject to § 3604(b) in appropriate circumstances

City of Miami v. Wells Fargo & Co., 923 F.3d 1260 (11th Cir. 2019) (FHA language is broad and remedial)
Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205 (U.S. 1972) (FHA is "broad and inclusive")
Woodard v. Fanboy, L.L.C., 298 F.3d 1261 (11th Cir. 2002) (post-acquisition eviction actionable under § 3604(b))
Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009) (condominium association liable under § 3604(b) for post-acquisition discrimination)
Committee Concerning Community Improvement v. City of Modesto, 583 F.3d 690 (9th Cir. 2009) (§ 3604(b) may reach post-acquisition discrimination)
Cox v. City of Dallas, Tex., 430 F.3d 734 (5th Cir. 2005) (§ 3604(b) limited to services connected to sale/rental)
Jersey Heights Neighborhood Ass’n v. Glendening, 174 F.3d 180 (4th Cir. 1999) (certain municipal decisions not covered by § 3604(b))
Clifton Terrace Assocs., Ltd. v. United Tech. Corp., 929 F.2d 714 (D.C. Cir. 1991) (FHA should not be expanded into a general municipal-services civil-rights statute)
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (U.S. 1984) (agency deference framework; court declined deference because statute was unambiguous)