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Successfully defended a civil rights complaint filed by a tenant alleging that the association failed to accommodate her disability.

Facts – A tenant within an association alleged that the association was using paints and chemicals which aggravated her environmental sensitivities disability. The tenant requested that the association pay for hotel accommodations during painting and to replace the ventilation system in the entire building.

Kaman & Cusimano successfully proved that the association took necessary steps to make an accommodation by using low fume paints and giving the tenant adequate notice of when painting would occur. Kaman & Cusimano also proved that the tenants request for hotel accommodations and changing the ventilation system was denied as it was unreasonable to assess such costs back to all owners within the association.