OPINION
Community Services, Inc., Va Community Services Group (“CSG”), a for-profit corporation that provides caretaker services for persons with disabilities, brought this action against the Wind Gap Municipal Authority (“Authority”), the municipal agency that administers sewer services in Wind Gap Borough, alleging violations of the Fair Housing Amendments Act (“FHAA”), 42 U.S.C. § 3601 et seq. CSG claims that the Authority violated the FHAA by charging increased fees to, and imposing additional administrative burdens upon, a house leased and used by CSG to provide caretaker services to three mentally retarded women residing there on the basis that the house was a “personal care home,” and hence a “commercial” facility, under the relevant regulations governing sewer service. The District Court granted summary judgment to CSG, principally because it concluded that the Authority’s classification of the house as a “personal care home” was a proxy for handicapped status and, therefore, the regulation discriminated on its face based on disability. Because we disagree with the District Court’s conclusion that the regulatory classification and treatment of the house constituted disparate treatment “because of’ a handicap, we will reverse and remand.
I. Factual Background
The house at issue is a single-story, three-bedroom home located in a residential community at 250 East First Street, Wind Gap Borough, Northampton County, Pennsylvania. The house was built in 1965 by the family of one of its current residents, Cindy A. Both Cindy and her mother lived in the home until 1999.
In 1995, as Cindy’s mother’s health was declining, the family established a trust for the benefit of Cindy and her three siblings. One of the primary purposes of the trust was to ensure that Cindy, who was born with Down’s Syndrome, would be adequately cared for as she and her mother grew older. To this end, the deed to the house was transferred to the trust, and Cindy’s sister arranged for in-home services for Cindy and her mother through the Northampton County Mental Health/Mental Retardation Office (“MH/MR Office”) and the Northampton County Office of Aging, respectively. By 1997, the in-home services had been increased to include a full-time caretaker. In November 1999, Cindy’s mother moved out of the house and into a nursing home.
*172 Cindy continued to live in the house with the assistance of a full-time caretaker funded jointly by her family and the MH/MR Office. The following year, however, when the County and the family determined that they no longer had the resources to continue funding full-time, personal assistance for Cindy, they arranged for two other women in need of similar services, Cassie and Linda, to move into the house permanently in December 2000. All three women, adults in their forties and fifties, have mental retardation and, as the District Court found, although they are substantially limited in their ability to learn, work, communicate, and care for themselves, with the assistance of a caretaker, the women are able to conduct their daily life activities and live together in a family-like manner.
The caretaker services are provided by CSG, which provides both residential and non-residential services to persons with disabilities in several counties in Pennsylvania, including Northampton County. CSG leases the house from the trust and works with the MH/MR Office to meet state and federal requirements, including the documentation incident to the performance of services and obtaining reimbursement from funding sources. CSG’s caretakers assist Cindy, Cassie, and Linda with their daily activities, such as bathing, food preparation, housecleaning, and transportation (via a mini-van garaged at the house) to the women’s day program and vocational rehabilitation. The women do not require or receive clinical care, therapy, rehabilitation, or other similar services at the home. Typically, there are one or two caretakers at the house when the women are at home and no caretakers in the house when the women are at their programs during the day. One caretaker stays overnight, but does not sleep in the house. Once a month the caretakers have a two-hour meeting with a supervisor at the house.
In September 2000, CSG obtained zoning approval from the Wind Gap Zoning Hearing Board in preparation for Cassie’s and Linda’s move to the house. Although the house was zoned for use as a single-family dwelling but not a group home, the Board granted a variance, as a reasonable accommodation under the FHAA, for CSG to operate a “Community Living Arrangement” at the house. The Board subsequently notified the Borough of Wind Gap and the Authority of the approval. At meetings of the Authority’s board, Cindy’s sister and CSG’s regional director explained that CSG would provide caretakers to assist the residents, that the house would be used as a family residence, and that there would be no change in the use of the property.
On October 16, 2000, the Authority sent Cindy’s sister a letter informing her that it was necessary to apply for a sewer connection permit and submit a feasibility review agreement along with a $500 deposit to determine the use of the home. CSG submitted the feasibility review agreement, applied for a sewer connection permit, and submitted the deposit on November 9, 2000. At the same time, CSG also requested a reasonable accommodation under the FHAA to allow the house to remain classified as residential. As explained in a letter dated November 13, 2000, the Authority returned the uncashed check and declined to consider the application because the documents were not executed by the deed owner, ie., the trust. 1
*173 In December 2000, CSG notified the Authority that Linda and Cassie were moving into the house that month. In January 2001, the Authority changed the house’s sewer service classification from “residential” to “commercial” and increased the number of “Sewer Billing Units” (“SBUs”) or “Equivalent Dwelling Units” (“EDUs”), the measure by which the Authority charges for sewer service, from one to two. Under the “Rules and Regulations Governing Sewer Services When Obtained from Sewer System of Wind Gap Municipal Authority” (“Regulations”) in effect at the time, a “Residential Unit” was defined as “a private dwelling unit, a dwelling unit in a double house or in a row of connecting houses, or a dwelling unit in an apartment building, condominium or in any other multiple dwelling or multiple use structure,” and all such units were assessed one (1) SBU. The “Commercial Unit” classification was defined by a schedule assessing a variable number of EDUs to a unit based on whether it was considered, inter alia, a “House, Apartment, or Condominium”; “Trailer”; “Hotel, Nursing Home, Personal Care Home, or Boarding House (without Restaurant or Bar, Dining or other Business)”; “Restaurant and/or Bar or Tavern (without Residence)”; “Restaurant and/or Bar or Tavern (with Residence)”; “Fitness Center without Showers, Pools, Sauna, Hot Tub”; “Offices and Multi-Use Business Facilities”; “Photo Lab”; or “Car Wash.” 2 The Authority did not offer an explanation for the reclassification, nor was one requested by the trust or CSG.
In May 2001, the Authority sent a letter to the trust demanding that it pay the $500 deposit and a $2,100 tapping fee. Counsel for CSG responded by requesting that the house be classified as a single-family residence and that the Authority grant a reasonable accommodation. The Authority did not respond. CSG continued to pay the increased quarterly sewage bill under protest. In November 2001, counsel for CSG requested an explanation for the reclassification. The Authority did not respond. On July 3, 2002, the Authority filed a municipal lien for $2,200 against the property for the trust’s failure to pay the tapping fee. CSG paid the fee under protest on August 22, 2002 in order to satisfy the lien and CSG’s counsel sent a letter to the Authority’s solicitor to request an explanation for the reclassification. The solicitor did not respond. On October 7, 2002, CSG’s counsel sent a second letter to the solicitor; this letter also went unanswered. The municipal lien on the house *174 was not released until July 16, 2003, subsequent to the filing of the Complaint initiating this action.
II. Procedural History
CSG filed the instant action on November 7, 2002.
See Cmty. Servs. Group v. Wind Gap Mun. Auth.,
Civ. A. No. 02-8366,
The District Court first noted that CSG had brought three FHAA claims, the first two alleging that the Authority’s policies and actions constituted disparate treatment and disparate impact discrimination and the third alleging that the Authority failed to grant a reasonable accommodation.
Id.
The Court discussed the development of the “proxy” theory in a number of facially discriminatory classification cases dealing with proxies for “handicapped” under the FHAA, specifically relying on
Horizon House Developmental Services, Inc. v. Township of Upper Southampton,
Further, the Court noted that the Authority only first offered an explanation for the reclassification during the litigation when Administrator Hahn explained in his deposition that the house was reclassified because CSG was a for-profit company and the house was being used as a “personal care home,” a facility that was expressly included in the “commercial” classification under the Regulations. The Court rejected this explanation because the ordinance did not provide that only “for-profit” personal care homes were to be classified as commercial, and even if it did, it would still violate the FHAA because the Act does not protect only non-profit entities.
The District Court then turned its attention to whether there was a valid justification for treating personal care homes differently from residential dwellings. It rejected the commercial classification and the Authority’s purported interest in applying rates uniformly to all for-profit customers.
Id.
Having held that the ordinance was facially discriminatory, the Court noted that it need not decide the plaintiffs other two claims based on disparate impact and denial of a reasonable accommodation. However, the Court then proceeded to discuss both claims very briefly, setting out the standards for evaluating such claims and concluding that: (1) the classification would have a disproportionate impact on disabled people as residents of “personal care homes” and, again, the Authority had no legitimate reason for the classification, and (2) the Authority never responded to CSG’s numerous letters requesting a waiver of the increased fees and administrative burdens and the Authority had not shown that the request was not reasonable in light of the fact that the sewer usage of the house was less intensive than other “residential” dwellings.
Id.
III. Jurisdiction and Standard of Review
The Authority appeals the District Court’s decision, arguing that the Court
*176
erred: (1) in its determination that the for-profit status of CSG was not a valid reason for classifying the house as commercial, (2) in its viewing disputed facts in a light most favorable to the party moving for summary judgment, and (3) in its analysis of the disparate impact and reasonable accommodation claims. The District Court had jurisdiction over CSG’s FHAA claims under 28 U.S.C. § 1331 and 42 U.S.C. § 3613(a), and we have jurisdiction to review the final decision of the District Court under 28 U.S.C. § 1291. We exercise plenary review over the District Court’s grant of summary judgment, applying the same test as the District Court.
Goodman v. Mead Johnson & Co.,
IV. Discussion
A. FHAA Background
The Fair Housing Act (“FHA”), passed by Congress as Title VIII of the Civil Rights Act of 1968, prohibits housing discrimination on the basis of, inter alia, race, gender, and national origin. 42 U.S.C. § 3601 et seq. Under the FHAA, which Congress passed in 1988 to extend the coverage of the FHA to include people with disabilities, it is unlawful:
To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in eon-nection with such dwelling, because of a handicap of-
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
42 U.S.C. § 3604(f)(2). By its express terms, this section applies to “the provision of services or facilities” to a dwelling, such as sewer service, and courts have specifically allowed claims under this section to be brought against municipalities and land use authorities.
See generally Lapid-Laurel, L.L.C. v. Zoning Bd. of Adjustment,
Plaintiffs alleging violations of the FHAA under these sections may bring three general types of claims: (1) intentional discrimination claims (also called disparate treatment claims) and (2) disparate impact claims, both of which arise under § 3604(f)(2), and (3) claims that a defendant refused to make “reasonable accommodations,” which arise under § 3604(f)(3)(B).
See Lapid-Laurel,
*177 1. Disparate treatment: Discriminatory animus claims & facially discriminatory classification claims
Generally, to prevail on a disparate treatment claim, a plaintiff must demonstrate that some discriminatory purpose was a “motivating factor” behind the challenged action.
See Cmty. Hous. Trust v. Dep’t of Consumer & Regulatory Affairs,
Where a regulation or “policy facially discriminates on the basis of the protected trait, in certain circumstances it ‘may constitute per se or explicit ... discrimination’ ” because “the protected trait by definition plays a role in the decision-making process, inasmuch as the policy explicitly classifies people on that basis.”
DiBiase v. SmithKline Beecham Corp.,
2. Facially discriminatory classifications: “Proxy” theory
Consistent with the focus on language rather than a showing of discriminatory animus in evaluating facially discriminatory classification claims, courts have developed a “proxy” theory for such claims, recognizing that a regulation or policy cannot “use a technically neutral classification as a proxy to evade the prohibition of intentional discrimination,” such as classifications based on gray hair (as a proxy for age) or service dogs or wheelchairs (as proxies for handicapped status).
McWright v. Alexander,
*178
(7th Cir.1992). For example, in
Erie County Retirees Ass’n v. County of Erie,
we concluded that an employer violates the Age Discrimination in Employment Act (“ADEA”) by offering Medicare-eligible retirees different health coverage from that offered to non-Medicare-eligible retirees because “Medicare status is a direct proxy for age,” as eligibility “‘follow[s] ineluctably upon attaining age 65.’ ”
3. Discrimination “because of a handicap”
Regardless of whether plaintiff frames a disparate treatment claim under the FHAA as one alleging discriminatory animus or one alleging a facially discriminatory classification, the most fundamental element of the claim is that plaintiff must demonstrate that defendant’s alleged discrimination was “because of a handicap.” 42 U.S.C. § 3604(f)(2). This requirement, plainly read from the language of the FHAA, is very often glossed over or, perhaps, so obvious as not worthy of discussion.
7
Here, however, it does not appear to us to be so obvious and thus the focus of our inquiry on this point is whether “handicapped” or “disabled” status-the protected trait under the FHAA-was being used as the
basis
for different treatment.
Cf. DiBiase,
In the context of a facially discriminatory classification claim, to determine wheth *179 er the basis of the alleged discrimination is indeed handicapped status, we must examine the language of the challenged regulation or policy, aided, if applicable, by any evidence of record that informs the analysis. For example, as we indicated above, a classification based on “service dogs” could, in many contexts, constitute a proxy for discrimination “because of’ a handicap. However, were the challenged regulation to require “all domesticated dogs” to submit to mandatory vaccination, the express inclusion of “service dogs” would not discriminate “because of’ a handicap, it would discriminate because a service dog is a “domesticated dog.” Here, we need to determine whether different treatment of a “personal care home” was necessarily “disability based.”
B. Analysis
The District Court concluded that because “personal care home” coincided with the FHAA’s definition of “handicap,” the use of the term constituted facial discrimination because of a handicap and, consequently, the Authority’s assessment of increased fees and burdens to the house violated the FHAA. Yet, we are not so sure. First, we question whether, on this record, “personal care home” necessarily means “home for the disabled or handicapped.” “Handicap” is defined under the FHAA as “(1) a physical or mental impairment which substantially limits one or more of [a] person’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment.” 42 U.S.C. § 3602(h);
see also supra
note 3. “Personal care home,” however, is
noivhere
defined in the regulation at issue. On its face, the term “personal care home” has nothing to do with handicapped or disabled status. Without
any
context to inform our interpretation of this term, “personal care home” could fairly be used to describe any number of facilities providing services to residents who may not necessarily have, have had, or be regarded as having a physical or mental impairment that substantially limits a major life activity under the FHAA definition of “handicap.” This could include a home where the elderly; juveniles (including juvenile delinquents, abused or neglected children, or orphans); the homeless; battered women; or ex-criminal offenders would be cared for.
See, e.g., Horizon House,
Second, even if “personal care home” were equated with “homes for the disabled or handicapped,” we do not believe that the regulatory classification of such a house as “commercial” was necessarily “because of’ the disabled or handicapped status of the house’s residents rather than the “commercial” nature of CSG as the lessee of the property. The testimony of Administrator Hahn offers further support for a non-discriminatory rationale. Thus, we do not agree that this case lends itself to a facially discriminatory classification theory because the challenged regulation does not “facially” discriminate against CSG “because of’ the handicapped status of the residents.
Although we are examining the classification on its face, we should nonetheless look at the record evidence and go beyond the use of a potentially “technically neutral classification,”
McWright,
*180
We find this fact pattern to be distinguishable from most of the true “proxy” cases where courts have had little difficulty leaping from the term “personal care home” — or something substantially equivalent-to discrimination based on handicapped status because it was obvious, in light of the language and the record evidence, that the term was used to classify plaintiffs facility and treat it differently “because of’ the disabled status of the facilities’ residents.
See, e.g., Larkin v. Mich. Dep’t of Social Servs.,
In both
Larkin
and
Horizon House,
the courts struck down laws that imposed distance requirements between residential care facilities for persons who were “handicapped” under the FHAA. In each case, the challenged law “singl[ed] out for regulation group homes for the handicapped” with a classification comprising
only
such facilities.
Larkin,
These cases are fundamentally different from what we have here. First, regarding the language of the challenged regulation, each of the above-cited eases involved a classification that was expressly defined in terms that the court found coincided with the FHAA definition of “handicap.” As we discussed above, here, the challenged classification-“personal care home”-is not defined at all under the regulation. Consequently, there is nothing on the face of the regulation to suggest that “personal care home” necessarily means “home for the disabled.”
Second, also regarding the language of the challenged regulation, in the above-cited cases the challenged classification was used to “single out”
only
facilities for the disabled for different treatment with the only possible explanation being that it was “because of’ the disabled status of their residents. The disabled status of the facilities’ residents was the
dispositive
trait for the facilities’ classification and different treatment. In the instant matter, however, the classification of the many facilities subject to increased fees and burdens associated with sewer service-the alleged discrimination-was broad-based, with different sewer charges assessed against numerous different types of facilities based on whether they were deemed “residential” or “commercial.” The term “personal care home”-the alleged proxy for disabled status-was not used to “single out” facilities for assessment of increased fees. Rather, the term was included in an illustrative list of a number of different types of facilities used to encompass what the Authority deemed to be “commercial” for the purpose of assessing fees. Further, far from being singled out, “personal care home” was grouped with other multi-adult rooming facilities in a subset of the “commercial” list. This subset included “hotels,” “motels,” “nursing homes,” and “boarding houses,” the common characteristic of which appears to be that all such facilities provide room and boarding services. Given that the facilities in this group typically charge a fee for the provision of these services, the logical inference is that “personal care homes” fit within this subset of the “commercial” category because “personal care homes” typically board adults and have a “commercial” quality. As such, the label “personal care home” does not, on its face, “single out for regulation group homes for the handicapped” in the same way as was present in the other eases referred to above.
Larkin,
*182
Third, beyond the language of the regulation, in a number of the above-cited cases there was direct or circumstantial evidence of discriminatory animus directed at plaintiffs facility because the facility provided services to handicapped individuals. Although a plaintiff need not prove-and, consequently, a court need not find-“malice or discriminatory animus of a defendant” under a facial discrimination claim,
Bangerter,
Fourth, and last, in the above-cited eases, each defendant’s purported reason for treating plaintiffs facility differently was predicated on some justification for treating
disabled persons
differently, and such justification was found by the court to be unsupported or otherwise invalid.
10
*183
Whereas in these cases the reason for different treatment seemed little more than makeweight, here we view it-upon initial examination (which is all we really have presented to us as a matter of ree-ord)-to be reasonable. It is not unreasonable, and most likely within the discretion of the Authority as a matter of policy, to presume that “commercial” facilities have a greater proportionate use of the municipality’s sewer service as compared to “residential” units and, therefore, should bear a greater proportionate share of the cost of maintaining the system. It is also not unreasonable and likely within the Authority’s discretion to classify a facility exhibiting both commercial and residential qualities as “commercial” for this purpose. Hence, the Authority’s explanation that the house was reclassified because it was being run by a for-profit corporation is not unreasonable or inconsistent with a plain reading of the regulation.
Cmty. Servs. Group,
As the District Court noted, the Authority did not explain why it was reclassifying the house when it did; this explanation was provided by Administrator Hahn in his deposition.
Id.
The District Court found this explanation to be unpersuasive for two reasons. First, the classification did not state that only “for-profit personal care homes” would be reclassified to “commercial,” and schools and churches, which are typically not “for-profit,” were classified as “commercial.”
Id
Second, even if the classification did apply to for-profit personal care homes, it still violated the FHAA because “ ‘[t]he FHAA does not require group home providers to give away their services, to operate at a loss, nor to declare a particular tax status. If it did, there would be far fewer residences for disabled persons than there presently are.’”
Id
Regarding the District Court’s first reason, as noted above, the primary classification used to assess sewer charges, per the original Regulations, was whether a unit was deemed “residential” or “commercial.” That the label “personal care home” is included in the “commercial” classification indicates that all personal care homes, whether “for-profit” or “non-profit,” are deemed by the Authority to be “commercial.” Given this, we cannot agree that the failure to limit the definition of “commercial” to “for-profit personal care homes” requires that the house here must be deemed “residential.” Furthermore, CSG is a for-profit company. Were CSG a nonprofit entity, there would be a stronger argument that the classification of its facility as “commercial” was an unreasonable application of the Regulations. This is the principle the District Court was invoking in referencing the Regulations’ classification of schools and churches as “commercial.” However, such an as-applied challenge to the Authority’s (mis)classification of a facility based on its “commercial” versus “residential” character is not the basis of CSG’s FHAA claim that the Regulation facially discriminates on the basis of disability. 11
*184
The District Court’s second reason for rejecting the Authority’s explanation for reclassifying the house was that the FHAA does not require group home providers to be non-profit, relying on
City of Chicago Heights,
In short, given the facts as established by the record, we disagree with the District Court’s conclusion that the use of the term “personal care home” in the Regulations constitutes a facially discriminatory classification “because of’ a handicap under the FHAA. While the term conceivably could be a proxy for discrimination against the disabled in certain circumstances (as very similar terms were in the above-cited cases), as we have explained, this is a very different case. A plain reading of the relevant regulation does not support the District Court’s conclusion that “personal care home” is facially discriminatory as singling out CSG for disparate treatment because of the residents’ disabilities. Further, there is no record evidence of discriminatory animus directed toward the disabled on the part of the Authority, and the Authority’s explanation for the reclassification is not plainly illegitimate or unsupportable.
For the foregoing reasons, we conclude that the District Court erred in determining that the use of the term “personal care home” was a facially discriminatory classification under the FHAA. The language of the regulation and the record evidence do not establish that the use of the term was facially discriminatory “because of’ a handicap. Additionally, CSG has not pointed to anything in the record to adequately rebut the Authority’s explanation that the reclassification and assessment of increased fees and burdens was based on CSG’s “commercial” character. Consequently, the award of summary judgment to CSG on this claim should be reversed. Further, given that there is no genuine issue of material fact on this point, even when viewed in the light most favorable to CSG, summary judgment should be granted in favor of the Authority.
C. CSG’s disparate impact and reasonable accommodation claims
Regarding the District Court’s consideration of CSG’s disparate impact and reasonable accommodation claims, we believe the Court’s analysis is flawed insofar as it followed inexorably from the Court’s erroneous determination that the regulation was facially discriminatory. Given that the Court’s grant of judgment on the disparate impact claim was based in large part on its erroneous determination that the Authority had not presented a legitimate, non-discriminatory reason for reclassifying the house, this ruling cannot stand. As to the reasonable accommodation claim, we find that there are too many questions of material fact surrounding this claim to support the Court’s conclusions that CSG met its burden of proof and that the Authority failed in its burden. 12 Further, on *185 review of the record, it is clear that both parties (and the Court) were more focused on the discriminatory classification claim and, given the District Court’s error in finding a facially discriminatory classification, the record has not been adequately developed to support a grant of summary judgment on either of these claims.
Accordingly, we will remand to the District Court for further proceedings regarding these claims.
V. Conclusion
For the reasons set forth above, we will REVERSE the judgment of the District Court and REMAND for further proceedings consistent with this opinion.
Notes
. The issue of whether the trust, or CSG, had the obligation, or right, to deal with or seek accommodation from the Authority has not been fully developed, although it appears that the record properly owner is viewed as having the sole authority to bind and represent *173 the property for the purpose covered by the ordinance.
. These classifications were defined in Sections 9.02 and 9.03 of Article IX (“Rules for Determining Number of Sewer Billing Units”) of the Regulations. These sections were subsequently amended on September 17, 2001, several months after the house was reclassified. Under the revised Regulations, units were classified as "residential” or "non-residential.” A "residential dwelling unit” was defined as "a dwelling unit with a kitchen or kitchenette and a bathroom with toilet facilities, whether constructed as a private dwelling unit, a dwelling unit in a double house or in a row of connecting houses, a trailer, or a dwelling unit in an apartment building, condominium or in any other multiple dwelling or multiple use structure.” A "non-residential unit” was defined by a schedule divided into three categories, "Home Based Businesses” (businesses operated by a resident and no more than one employee from outside the home), "Commercial Residential Establishments” (including but not limited to hotels, motels, nursing homes, personal care homes, boarding houses, assisted living or any similar facilities), and "Other Commercial Establishments” (including by not limited to restaurants, bars, food stores, fitness centers, banks, etc.). Although the revised Regulations were not used to reclassify the house, as we explain below, an analysis of CSG's claims under either version of the Regulations yields the same result.
. The FHAA defines “handicap” as follows:
"Handicap” means, with respect to a person—
(1)a physical or mental impairment which substantially limits one or more of such person’s major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment,
but such term does not include current, illegal use of or addiction to a controlled *175 substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
42 U.S.C. § 3602(h).
. The status of the request for reasonable accommodation remains unclear. At oral argument and in correspondence to the Court after argument, counsel for the Authority maintained that the Authority would consider a request for a reasonable accommodation by the trust, the deed owner of the property, but did not and would not consider such a request from CSG. As an alternative to the Authority’s suggestion that we remand the matter to it to consider such a request by the trust, the parties agreed to attempt to mediate the dispute. Mediation was unsuccessful.
.
See Lapid-Laurel,
. Consistent with
Johnson Controls
and
DiBi-ase,
we also noted in
Erie County
that whether the employer possessed a “malevolent motive or acted on the basis of hostile age-based stereotypes [wa]s irrelevant” as "a policy explicitly based on a prohibited factor ... is illegal regardless of the underlying motive.”
. For example, in a claim alleging discriminatory animus, where plaintiff adduces evidence that defendant had an "intent” to discriminate, the showing of intent easily satisfies to prove the proscribed “basis.” However, “intent” to discriminate and "basis” for discrimination are fundamentally different concepts. "Intent” need not be proven in a facially discriminatory classification claim or in a disparate impact claim, both of which arise under § 3604(f)(2). However, to make out any claim for discrimination (under the FHAA or another law) the improper “basis” must be shown to be at the heart of the classification or conduct.
. The same conclusion follows from an evaluation of the language used in the revised Regulations. Under the revised Regulations, the primary classifications for assessing sewer fees are "residential” and "non-residential” (rather than "commercial”). “Personal care home,” listed under the "non-residential” classification, is further classified as part of a group titled "Commercial Residential Establishment[s],” defined as "including but not limited to: Hotel or Motel, Nursing Home, Personal Care Home, Boarding House, Assisted Living or any similar facility." Regarding the classification of “personal care home,” the revised Regulations are not materially different from the original Regulations, and, indeed, the fact that "personal care home” is listed in a group expressly labeled "Commer *182 cial Residential Establishments]” clearly indicates that the dual "residential-commercial” character of these facilities, rather than disabled status of their residents, is the basis for their being classified as "non-residential.”
. The District Court expressly noted that "[a]lthough CSG argues that there is evidence that the Authority was motivated by discriminatory animus, the facial discrimination claim is the basis of its motion for summaiy judgment.”
Cmty. Servs. Group,
. Admittedly, that each defendant's reason was framed as a "justification” is due to the burden-shifting aspect of the complete "discriminatory classification” analysis, i.e., once the court determines that the regulation is facially discriminatory, the burden shifts to the defendant to justify the discrimination. In this sense, the defendant is forced, in anticipation of the court's conclusion on this point, to provide a rationale for the challenged regulation that references a justification for treating disabled persons differently. To apply this concept here and conclude that because the Authority’s reason for the reclassification of the house was not predicated on some justification for treating disabled persons differently, the Authority must really have been treating CSG differently because it is a commercial entity, is circular and ignores the context in which this inquiry is made. However, given that the court must ultimately assess the validity of the reason for defendant's disparate treatment (whether framed as a justification for treating the disabled differently or not), a similar assessment of the validity of the Authority's reason is informative here.
.
Cf. Alliance for the Mentally Ill,
. The most striking factual dispute, evident to us from counsel's post-argument correspondence to the Court, is whether a valid request for an accommodation was presented
*185
to the Authority (by CSG or the trust), or whether, if CSG had presented a valid request for an accommodation, the Authority responded. The existence of this issue undercuts the District Court's theory that CSG should prevail on this claim, at least in part because the Authority failed to respond. Beyond this issue, the District Court has not explained the bases for its conclusion that CSG has met its burden of proof on a prima facie case for failure to grant a reasonable accommodation,
i.e.,
that the requested accommodation was " '(1) reasonable and (2) necessary to (3) afford handicapped persons an equal opportunity to use and enjoy housing.’ ”
Lapid-Laurel,