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Property Law Keyed to Singer
Association of Relatives and Friends of AIDS Patients (AFAPS) v. Regulations and Permits Administration (ARPE)
Facts
AFAPS (Plaintiffs) attempted to establish an AIDS hospice at a site. This was met with opposition by the town’s residents. The town was worried that mosquitoes might transmit AIDS, they did not want former drug users and homosexuals living in their town, and they worried about decreasing property values, among other things. Plaintiffs were not given a special permit for the operation of the hospice by ARPE (Defendants), a governmental agency. Plaintiffs allege a violation of the Fair Housing Act’s prohibition on discrimination on the basis of handicap. Defendants justify the refusal to grant the special permit because the area was limited to agricultural use.
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