5.7 Reasonable Accommodation
5.7 Reasonable Accommodation aetrahan Tue, 01/24/2023 - 11:13Renewal Homes v. Laneheart.1 Eviction of tenant with schizophrenia for property damage denied due to landlord’s failure to reasonably accommodate tenant’s disability; “[t]he appellant’s mere participation in the Louisiana Permanent Supportive Housing Program is confirmation that the appellant was, and always has been, aware of the appellee’s disabling condition.”
Mazzini v. Strathman.2 This case established the elements of a prima facia case of failure to accommodate under the Fair Housing Act. The tenant must show that: (1) the tenant suffers from a disability within the meaning of 42 U.S.C. § 3602(h); (2) the owner knew or should have known of the disability; (3) an accommodation is necessary to give the resident an equal opportunity to use and enjoy the dwelling; (4) the requested accommodation is reasonable; and (5) the owner refused to make the accommodation. Here, tenant failed to establish that her depression/anxiety and allergies qualified as a disability under FHA’s definition.