ADA FHA General
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Quick Hits – Dog Days of Summer Edition
The official worst heat-wave ever is now over in both the U.S. and France, but Sirius is still rising just before dawn and nothing has cooled off in the courts. Here are the latest cases on ADA and FHA issues. HOAs and the FHA Lau et al v. Honolulu Park Place, AOAO, 2019 WL 3208644 Continue reading
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Quick Hits – Tax Day Edition
A third of the reported ADA and FHA decisions in the last three weeks involved a single plaintiff, Scott Johnson. Mr. Johnson’s name is often found in this blog because he has been a fertile source of decisions on a wide range of ADA issues. As discussed below, outrage is one common response to his Continue reading
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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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Weapons of Mass Confusion – meet the ADA and FHA.
The last ADA / FHA headline that reached my email in 2017 was about a woman in Florida who complained that her “service dog” was not allowed at the pool by her condominium association. It was not an unusual story, but it summed up the way the ADA and FHA, both individually and together have Continue reading
