It is true that the Fair Housing Act prohibits discrimination in connection with the sale of a house, whereas it is theoretically possible for racial discrimination to occur either with respect to a house, or with respect to the underlying land. But the evidence in this case made no distinction whatever between the house which plaintiffs sought to purchase, and the lot on which it was located. On the basis of the evidence presented at trial in this case, the jury could not rationally have reached unanimous agreement as to the Fair Housing Act claim, and yet remained unable to agree with respect to the civil rights claim. A new trial must be granted. An Order follows.
Judgment is entered in favor of all other defendants, and against the plaintiffs.