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Property Law Keyed to Dukeminier
Curto v. A Country Place Condominium Association
Citation:
921 F.3d 405 (3d Cir. 2019)Facts
A Country Place is a condominium community in Lakewood, New Jersey, primarily occupied by Orthodox Jewish residents. In 2016, the condominium association adopted rules designating specific hours when the community pool could be used only by men or only by women, purportedly to accommodate religious modesty concerns. The schedule allocated 31.75 hours per week for men-only swimming and 34.25 hours for women-only swimming, leaving only 25 hours for integrated swimming. These segregated hours included most evening hours during the work week and weekend hours. When plaintiffs Marie Curto and Steve and Diana Lusardi violated the policy, they were fined by the association. They subsequently sued, claiming the gender-segregated schedule violated the Fair Housing Act’s prohibition against sex discrimination.
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