ADA FHA General
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Unconventional wisdom concerning pet deposits under the Fair Housing Act.
One common bit of conventional wisdom under the FHA is that apartments and other housing providers cannot require a pet deposit for an assistance animal or service animal. This is certainly the position of HUD and the DOJ. (See, HUD memo dated April 25, 2013 and see http://www.ada.gov/qasrvc.htm). The position is based on the notion… Continue reading
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ADA accessibility in movie theaters — do the DOJ’s plans make sense?
On July 23 the Depart of Justice published a notice of proposed rulemaking on accessibility in movie theaters for those with vision and hearing disabilities. (http://www.ada.gov/regs2014/movie_nprm.html). The public comment period begins today. The proposed rules will require most movie theaters to buy equipment so that customers with hearing disabilities and vision disabilities can participate in… Continue reading
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The danger of fighting a losing battle in ADA cases
This is a short follow-up to my May 14 blog “know when to fold ’em.” A couple of weeks after I published that piece a decision came out from the Northern District of Georgia that dramatically illustrates the risk of a vigorous defense in a losing case. Defense counsel interested in the legal principles that… Continue reading
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A victory for common sense: 11th Circuit FHA ruling rejects subsequent owner liability in multi-family housing
In a decision issued on April 14, 2014 the 11th Circuit provided a major victory for subsequent owners of apartments and other types multi-family housing. In Harding v. Orlando Apts. LLC, 748 F.3d 1128 (11th Cir. 2014) the Court dismissed the notion that merely owning or operating an apartment complex could create liability for a failure… Continue reading
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Good news for ADA defendants facing cut and paste pleadings
A pair of recent district court decisions provide some hope for defendants that federal courts are taking seriously the plaintiff’s obligation to plead an intelligible claim for relief. Unfortunately, the standard is still fairly low, and will only slightly limit cookie cutter lawsuits based on generic allegations. Nonetheless, ADA defendants will want to study the… Continue reading
