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They had claimed that a condominium complex in Anne Arundel County, Maryland violated the Fair Housing Act by failing to be deed and constructed so that it is accessible and usable by persons with disabilities. The United States argued that to decide whether government action prevents participation in religious conduct requires a holistic analysis that focuses on whether a religious institution has a reasonable expectation of approval, the existence of feasible alternatives for religious exercise and whether pursuing alternatives would cause the religious institution substantial delay, uncertainty, and expense.

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A few days after the United States filed the statement of interest, the defendants withdrew their motion with respect to the argument that post-acquisition conduct is not covered by the FHA.

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