Discrimination accusations a Tucson landlord made in a lawsuit against the city have been largely rejected by a federal appeals court.
Frank Konarski and his family, who own several south-side rental homes and apartments, filed a federal lawsuit against the city in August saying Tucson housing officials violated his civil rights by keeping him out of the Section 8 housing-assistance program.
The city refused to certify Konarski’s properties for participation in the program, finding the condition of the units did not meet Section 8 standards.
Section 8 is a provision of the federal Housing Act that provides rent subsidies for low-income tenants. Local governments administer the federally funded program.
A U.S. district judge disagreed with Konarski’s assertion that the city illegally rejected his application to participate in the program, issuing a summary judgment in favor of the city.
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The 9th U.S. Circuit Court of Appeals mostly concurred with the lower court.
In a ruling this week, the court upheld most of the district court ruling, saying, “The Konarskis failed to allege any constitutionally protectable liberty or property interest in support of their procedural due process claim.”
The ruling said the city’s denial of the Konarskis’ application did not prevent the Konarskis from conducting their business as property owners and managers.
City Attorney Mike Rankin said he could not comment because one aspect of the case is still pending, as the court did side with the Konarskis on one point, sending the case back to district court for additional consideration.
“Because there was evidence in the record which ... could support the Konarskis’ claim that they were treated differently without any rational basis, we reverse the summary judgment ruling and remand for further proceedings,” the ruling reads.
The appeals judges noted the summary judgment on this point was unwarranted because the Konarskis have video evidence in their equal-protection claim that a court could find to be supportive of their claims.
The court did not offer an opinion on the quality or significance of the evidence itself, but instructed the district court to review the point further.
The Konarskis have filed numerous lawsuits against the city over the years making similar claims.
