No. 21-231

Julie Ellen Wartluft, fka Julie Ellen Bartels, et al. v. The Milton Hershey School, et al.

Lower Court: Third Circuit
Docketed: 2021-08-17
Status: Denied
Type: Paid
Amici (3)
Tags: civil-rights civil-rights-act consideration consideration-definition disability disability-discrimination fair-housing fair-housing-act housing-discrimination rental-definition renter student-housing
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Whether participation in a mandatory chore program at a student home is 'consideration' under the Fair Housing Act sufficient for the child to qualify as a renter and thus bestowing the Act's protections from discrimination in housing

Question Presented (OCR Extract)

QUESTION PRESENTED To provide fair housing across the United States is the express purpose of the Fair Housing Act. See 42 U.S.C. § 3601 et seq. This Act is also known as Title VIII of the Civil Rights Act of 1968, as amended. It makes it unlawful to discriminate in the rental, or to otherwise make unavailable or deny a dwelling to any renter because of a disability of the renter. 42 U.S.C. §3604(f)(1). To rent is defined in the Act as to lease or to let or otherwise to grant for consideration the right to occupy premises. 42 U.S.C. §3602(e). The Milton Hershey School provides education and _ housing to approximately 2,100 underprivileged students in homes of 10-12 students without requiring any monetary consideration. The question presented is whether participation in a mandatory chore program at the student home as set forth in an enrollment agreement to remain in residence at the School is “consideration” under the Act sufficient for the child to qualify as a renter and thus bestowing the Act’s protections from discrimination in housing. 122206566-5 1 PARTIES TO THE PROECEEDINGS Julie Ellen Wartluft, f/k/a Julie Ellen Bartels; Frederick L. Bartels, Jr., as Administrators of the Estate of Abrielle Kira Bartels, Deceased, are petitioners and were below. The Milton Hershey School; The Hershey Trust Company, as Trustee of the Milton Hersey School Trust, are respondents and were below.

Docket Entries

2021-10-18
Motion for leave to file amicus brief filed by Protect The Hersheys' Children, Inc. GRANTED.
2021-10-18
Petition DENIED.
2021-10-01
Reply of petitioners Julie Wartluft, et al. filed. (Distributed)
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-09-20
Supplemental brief and response to motion for leave to file an amicus curiae brief from respondent The Milton Hershey School, et al. filed.
2021-09-16
Motion for leave to file amicus brief filed by Protect The Hersheys' Children, Inc.
2021-09-15
Response to petition from respondents The Milton Hershey School, et al. filed.
2021-08-12
Petition for a writ of certiorari filed. (Response due September 16, 2021)

Attorneys

Julie Wartluft, et al.
John William SchmehlDilworth Paxson LLP, Petitioner
Protect The Hersheys' Children, Inc.
Joseph H. Jones Jr.Williamson, Friedberg & Jones, Amicus
The Milton Hershey School, et al.
Jarad Wade HandelmanElliott Greenleaf, P.C., Respondent