When used in the context of a claim under the Fair Housing Act or Americans with Disabilities Act the words “disability” and “handicap” have specific legal meanings. Our last blog looked at a case, Houston v. DTN Operating,* discussing what a plaintiff must plead concerning her disability in a reasonable accommodation case. Today we’re looking another recent case, Haws v. Norman, 2017 WL 4221064 (D. Utah Sept. 20, 2017) that considers the next step – a motion for summary judgment by the plaintiff. There is plenty of interest in the opinion on related subjects**, but the Court’s ruling on proof of disability and necessity of accommodation is especially important to landlords who suspect a disability claim is not justified. More
By Richard Hunt in Accessibility Litigation Trends, FHA, FHA Emotional Support Animals Tags: assistance animals, Emotional Support Animals, Fair Housing Act, FHA, reasonable accommodation, service animals
The October 17, 2017 decision by Judge Amos Mazzant of the Eastern District of Texas in Houston v. DTN Operating Company et al., 2017 WL 4653246 (E.D.Tex 2017) is good news for landlords confronted by bogus internet diagnoses of disability. There is a vexing lack of authority concerning just what constitutes sufficient evidence of a disability to require a landlord to allow an emotional support animal, and Judge Mazzant’s opinion makes it clear that the kind of letter typically purchased on the internet (or supplied by local physicians who don’t understand the law) won’t do. More
The Fair Housing Act requires that private lawsuits brought under 42 U.S.C. §3613 be filed within two years “after the occurrence or the termination of an alleged discriminatory housing practice.” Courts are not in universal agreement about what this means when applied to a failure to design or build apartments according to the standards in 42 U.S.C. §36014(f)(3)(C), so a developer or owner’s defense in a design/build case may depend on where the apartments are located. How can a national statute have regional variations? Well, somebody’s wrong. Here’s a brief “guide for perplexed.”
A decision from the Western District of Texas should remind landlords that the world of FHA litigation is unforgiving and expensive, so the best thing is to get it right the first time. Reading it has prompted us to re-offer our webinar on dealing with accommodation requests involving animals later this month and next. Details appear at the end of this blog.
Chavez v Aber, 122 F.Supp.3d 581 (W.D. Tex. 2015) involved a child with a mixed breed pit-bull as an emotional support animal. There was no question about the child’s psychiatric disability or the fact that the child’s doctor recommended the dog for therapeutic purposes, so the only legal question was whether to dog had to be accommodated despite a “no pets” policy and the fact that pit-bulls are regarded as a dangerous breed. That did not mean the case was simple. As the court pointed out more than once, cases involving accommodation depend very much on the facts. More
- A lengthy and unnecessary recital of the legislative history of the law, including all kinds of statements about the historical oppression of those with disabilities,
- A broad allegation that the plaintiff visited the defendant’s location, without details that might make the claim verifiable, and
- A series of broad statements about violations of the law that, once again, lack any detail that would make them verifiable.