Janush v. Charities Housing Development Corp.

United States District Court for the Northern District of California · Property

PropertyFair Housing ActReasonable accommodationDisability housing discriminationno-pets policydisabled tenantanimalsreasonable accommodation

Facts

Plaintiff suffered from a severe mental health disability, and her treating psychiatrist testified that her two birds and two cats lessened the effects of that disability by providing companionship and were necessary to her mental health. She signed a lease for an apartment in Pensione Esperanza, which contained a no-pets clause, and moved in without first alerting the landlord to the animals' presence. After a maintenance worker discovered the animals, the parties disputed what accommodations were offered or requested; plaintiff claimed harassment and refusal to accommodate, while defendants claimed they were willing to accommodate at least in part if she provided requested documentation. Defendants filed eviction proceedings, and plaintiff later moved out.

Issue

Whether plaintiff adequately stated a Fair Housing Act reasonable-accommodation claim based on defendants' refusal to allow her to keep animals despite a no-pets policy, and whether defendants were entitled to summary judgment on the ground that such an accommodation was unreasonable as a matter of law. More specifically, the court considered whether accommodation of animals other than service dogs is per se unreasonable and whether the present record permitted judgment as a matter of law.

Rule

To establish a prima facie Fair Housing Act claim for refusal to make a reasonable accommodation, a plaintiff must show: (1) she suffers from a handicap as defined in 42 U.S.C. § 3602(h); (2) the defendant knew of the handicap or should reasonably be expected to know of it; (3) accommodation of the handicap may be necessary to afford the plaintiff an equal opportunity to use and enjoy the dwelling; and (4) the defendant refused to make such accommodation. Whether a requested accommodation is reasonable is a highly fact-specific, case-by-case determination, and the court rejected any bright-line rule that accommodating animals other than service dogs is per se unreasonable.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Maya Torres rents an apartment in Phoenix from Desert Willow Residences, which has a strict no-pets policy. Maya has a documented panic disorder, and her therapist told the property manager that Maya's emotional-support guinea pig reduces the symptoms that otherwise interfere with her ability to remain in the apartment; the manager then sent Maya a notice stating that no exception would be made for any animal.

If Maya sues for refusal to make a reasonable accommodation under the Fair Housing Act, which additional showing is most necessary to complete her prima facie case as described by the court?

Explanation. The court stated that a prima facie reasonable-accommodation claim requires proof that the plaintiff has a handicap, the defendant knew or should have known of it, the requested accommodation may be necessary to afford an equal opportunity to use and enjoy the dwelling, and the defendant refused. No showing that the animal is a state-law service animal, that the policy was intentionally discriminatory, or that the housing receives federal funding is part of this prima facie test. (Derived from Janush v. Charities Housing Development Corp. (n.d.).)