Pictures of bombed out buildings and civilian casualty counts are a reminder that aggravating and expensive as ADA and FHA lawsuits can be, taking these disputes to court is a luxury most people in the world do not enjoy. For those of us who can engage in a civilized discussion of legal issues, here are the latest cases and other news. You’ll see where I think the courts and administration have gone wrong, but I’d rather be here than most of places in the news these days.
FHA definition of handicap
By Richard Hunt in Accessibility Litigation Trends, FHA, FHA definition of handicap, FHA Emotional Support Animals, FHA Guidance, FHA Training Tags: assistance animals, Emotional Support Animals, FHA Defense, HUD guidance, service animals
On April 14 at 2:00 p.m. CST I’ll be presenting a one hour webinar on HUD’s January 2020 guidance on reasonable accommodations for animals. I’ll cover what HUD got right and wrong in this guidance and explain what housing providers need to know about the reasonable accommodation process in light of the guidance. Written materials include modified decision tree for accommodation requests.
The course is sponsored by the University of Texas School of Law and is approved for CLE credit. If you are interested in registering, this link will take you to the registration page:
By Richard Hunt in Accessibility Litigation Trends, FHA, FHA definition of handicap, FHA Emotional Support Animals, FHA Guidance, FHA Regulation Tags: assistance animals, Emotional Support Animals, FHA, FHA Defense, Guidance on Reasonable Accommodations under the Fair Housing Act Relating to Assistance Animals, HUD, Internet fraud
On January 28, 2020 HUD issued its “Guidance on Reasonable Accommodations under the Fair Housing Act Relating to Assistance Animals.”† Over the course of 19 poorly written and poorly organized pages HUD provides one crumb of help for housing providers faced with bogus requests for emotional support animals. The bulk of the “Guidance” is a confused repetition of various earlier HUD positions that defy common sense and the law.
For landlords the most important part of this Guidance is HUD’s acknowledgement that letters purchased on the internet are not reliable evidence of a disability or a disability related need for an emotional support animal. We’ve known this for years, but it’s nice that the bureaucrats have finally recognized it as well. However, this means almost nothing as I’ll discuss below. More
By Richard Hunt in Accessibility Litigation Trends, FHA, FHA definition of handicap, FHA design/build litigation, FHA Emotional Support Animals Tags: Auer deference, FHA Defense, FHA reasonable accommodation, Kisor v Wilke
Just last week the Supreme Court took a long hard look at something called “Auer deference” and decided that it would remain the law, but with some strings attached. Kisor v Wilke, No. 18-15 (June 26, 2019). I’ve never once had the occasion to mention Auer deference in this blog or in any brief I’ve filed in disability lawsuits, but the decision could have an impact on future disability rights litigation. In this blog I’ll consider the possible impact on litigation under the Fair Housing Act. In the next I’ll look at what turns out to be the more complex possible effects on litigation under Titles II and III of the ADA. Before I explain why, I should refer anyone interested in a detailed analysis of the decision to William Goren’s blog on the subject here.* More
By Richard Hunt in FHA, FHA definition of handicap, FHA Emotional Support Animals, Reasonable accommodation Tags: FHA Defense, FHA reasonable accommodation, FHA reliable evidence of handicap or disability
A client of mine was recently advised that the client’s FHA forms for reasonable accommodation requests were illegal because “The law specifically prohibits inquiry into the nature or extent of a disability.” This is a common misconception, and one that can easily result in an apartment complex full of supposed therapy animals owned by individuals who are not disabled. It is worth understanding where this misconception came from and what the law really allows. More