FHA definition of handicap
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Obvious but often overlooked – it takes more than an impairment to be disabled under the ADA (or FHA)
The March 13 decision in Johnson v. NYS Office of Alcoholism and Substance Abuse, 1:16-cv-9769 (S.D.N.Y. March 13, 2018) shouldn’t be particularly interesting. The plaintiff claimed to be disabled because he was a recovering alcoholic. The Court dismissed the complaint because the plaintiff did not allege that his alcoholism interfered with a major life activity, explaining:… Continue reading
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Fighting fake ESA’s – Guidance on what constitutes reliable evidence of disability
This week’s news is a year old, but very important for apartment owners and managers confronted by the increasing flood of fake emotional support animal requests.* In March of 2017 the Virginia Fair Housing Board, which carries out Virginia’s mandate for disability rights in housing, issued a formal guidance on what constitutes reliable evidence of… Continue reading
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Quick Hits – Groundhog Day and the ADA
It looks like six more weeks of winter based on the reaction of Punxsutawney Phil to the long shadow he casts over weather forecasting. The last week of ADA decisions seems to confirm that it will remain chilly for businesses as well. Website Accessibility* If Punxsutawney Phil had seen Robles v. Yum! Brands, Inc., 2018 WL 566781 (C.D.… Continue reading
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When does a mental impairment become a disability? Let the jury decide
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… Continue reading
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“Disability” and “Handicap” are not the same, and it matters
After reading a recent blog in which the author asserted that “handicap” under the Fair Housing Act had the same meaning as “disability” under the Americans with Disabilities Act I thought it would be useful to re-visit this question, which I last wrote about in 2014. There have been a few new decisions, none decisive,… Continue reading
