Disability Cases

  • Shapiro v. Cadman Towers, Inc.
    • It stated that a refusal to modify first-come, first served parking policy in order to designate an accessible parking space for a tenant on a parking space waiting list violated the Fair Housing Act.
  • HUD v. Purkett
    • Charging a pet fee for a service animal violated the Fair Housing Act.
  • United States v. California Mobile Home Park Mgmt. Co.
    • The history of the FHAA clearly establishes that Congress anticipated that landlords would have to shoulder certain costs involved [in making reasonable accommodations], so long as they are not unduly burdensome.
  • Bronk v. Ineichen
    • Hearing dog per se reasonable (balanced against landlord’s economic or aesthetic concerns as expressed in a no-pets policy, deaf tenant’s need for accommodation of hearing dog is per se reasonable).
  • Rodriguez v. Village Green Realty, Inc.
    • Obtaining housing is a major life activity. Additionally, non-medical evidence may be sufficient to show that an impairment is substantially limiting for purposes of surviving summary judgment. Courts must give proper credence to testimony of parents, teachers, and other persons who are familiar with a person with disabilities.
  • Castillo Condominium Assoc v.  HUD
    • Condo associations are no exception to reasonable accommodation rules outlined under the Fair Housing Act.
  • Hollis v. Chestnut Bend Homeowners Ass’n.
    • McDonnell Douglas test does not apply to reasonable accommodation and modification requests.
  • United States v. California Mobile Home Park Mgmt. Co.
    • Landlords have an affirmative duty to accommodate tenants with disabilities.
  • Smith & Lee Assocs., Inc. v. City of Taylor
    • Accommodations required under the Act must be both reasonable and necessary to afford the handicapped individual an equal opportunity to use and enjoy a dwelling.
  • Whittier Terrace Associates v. Hampshire
    • Stated no-pet policy for federally funded properties cannot be enforced when a proper reasonable accommodation request is made under section 504.