Facts Plaintiff, Linder (“Tenant”), entered into a lease in October 2016. Tenant agreed in the lease not to bring dogs, or other animals on the premises. Five months later Tenant asked the Landlord if she could have an emotional support animal. She gave one of the internet letters to support her need for the animal. […]
FINALLY, a Helpful Emotional Support Animal Case Read More »
Non-action may no longer be a safe choice. In October of 2016, the United States Department of Housing and Urban Development (“HUD”) added certain provisions to the Fair Housing Act (“FHA”) which impose additional liability for condominium associations, homeowners associations, and landlords based on non-action. One of the main additions to the FHA was the
Many of you may have seen the June 7, 2021, Milwaukee Sentinel story about a Milwaukee area home that was flying two flags: one the US flag and the second a Pride flag. According to the story, the owners were told to take down the Pride flag because the association only allowed the US flag.
Seeing Injustice is Easy – Solving Problems is HARD Read More »
A Board’s blatant mishandling of an emotional support animal request led to the owner not only having a Fair Housing claim against the Association for wrongful failure to provide a reasonable accommodation, but also a claim for third-party harassment when the Association failed to step in and stop other unit owners from blasting the owner
Let’s face it, 2020 was rough and not everyone was nice about it. Hate crimes have increased dramatically over the last six years. Heightened political tensions have led to family quarrels and neighbor-to-neighbor feuds. And to top it all off, the COVID pandemic and corresponding lockdowns has made most of us a little stir crazy.
A unit owner, who is also an attorney, was renting his unit to his mother and believed that the condominium association board, the association, the property manager and the association’s attorney didn’t like him because of his Russian nationality. His mother, who allegedly had asthma and could not tolerate smoking, was upset because her Armenian
Smoking and the Unreasonable Unit Owner Attorney Read More »
Facts In May of 2016 the Association implemented a rule that allowed owners to bring furniture to the pool area for their use “but they must remove these items daily when they leave the pool area.” Unit Owner claimed he needed a reasonable accommodation to leave his orthopedic lounge chair at the pool for medical
Residents are Not Owed Preferred Accommodations for Disability Read More »
Does your Association have rules that target children? Does your Association have rules that apply differently to children and adult residents within the community? The following case is a cautionary tale for Condominium Associations and HOAs—repeal those rules now, or potentially face a losing battle pursuant to federal law. Facts In a federal district court
Rules that Target Children Really Target Your Association (for Discrimination Lawsuits) Read More »
Facts Plaintiff, Cohen (“Tenant”) and Defendant, Clark (another tenant, “Clark”) leased separate apartments in the same building on the same day, July 21, 2006. Both leases prohibited pets in the building or on the premises. Tenant picked the apartment in part because of its no pet policy, as she had a severe allergy to pet
Another Helpful Emotional Support Animal Case Read More »
Facts The property was subject to a discriminatory restrictive covenant recorded in 1953 that stated: “No race or nationality other than the white race shall use or occupy any building on any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race or nationality employed by an owner or
Covenants that Discriminate on Race – ARE STILL A PROBLEM Read More »
