Multi-Family
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Hoarders! – Dealing with a difficult disability under the Fair Housing Act
Hoarding is a disability that creates special problems for landlords. Hoarders are often secretive, and by its very nature the activity often does not become apparent until it is reached the point where there is a health or safety risk. In addition, a reasonable accomodation may still require that the tenant take affirmative action that is… Continue reading
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Potholes and parking – how deferred maintenance turns into an FHA claim
“All things are subject to decay and when fate summons, monarchs must obey,” wrote John Dryden, the English playwright and poet. He probably wasn’t thinking of potholes and buckled sidewalks, but the sentiment remains true. Even if you build the perfect FHA compliant facility, time will create barriers to access that were never intended. Although… Continue reading
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Your front porch – is everybody welcome?
On March 7 of this year the District Court for Colorado granted a summary judgment in a class action challenging the design of the front porch at the entrance of most Hollister stores. Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co., 2013 WL 856510 (D.Colo. 2013). There are several good discussions of the merits of… Continue reading
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Beware of Dog – Mental Health Support Animals and the FHA
Support animals for individuals with mental health disabilities present special problems for the owners and managers of residential properties. A complaint filed on New Year’s Eve, Intermountain Fair Housing Council, Inc. v. Michael’s Manor, LLC, illustrates some of those problems and shows why requests for an accomodation to allow a support animal must be handled… Continue reading
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What 2013 will bring for ADA and FHA accessibility litigation
2012 brought with it the final effective date for the 2010 Accessibility Standards and with that new possibilities for claims under the ADA and FHA. The most significant change in the standards from a litigation standpoint was the imposition of long pending requirements for ATM’s, which brought a wave of new cases around the nation.… Continue reading
