ADA and FHA Defense

mental health disabilities

March 7, 2013

The yin and yang of ADA defense. Perilous settlements and temporary victories

A couple of district court decisions from late February should both comfort and warn ADA defendants. Gutierrez v. Chung, 2013 WL 655141 (E.D. Cal. 2013) reminds us that settlement alone doesn’t resolve an ADA violation. The only permanent solution is remediation. National Alliance for Accessibility, Inc. v. Millbank Hotel Partners, 2013 WL 653955 (D. Md. Continue reading

Accessibility Litigation Trends, ADA, ADA FHA Litigation General, Hospitality, Hotels, Retail, Shopping Centers

ada litigation, ADA pleading, ADA standing, ada violation, mental health disabilities, private lawsuits, private litigants, real-estate, restaurants, retail
January 2, 2013

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

ADA FHA General, ADA FHA Litigation General, Apartments, Condominiums, FHA, Multi-Family, Residential Development

Apartments, Condominiums, developers, FHA Litigation, mental health disabilities, real-estate, service animals, support animals

Richard Hunt, author