JANUSH V. CHARITIES HOUSING DEVELOPMENT CORP.
169 F.Supp.2d 1133 (N.D.Cal. 2000)
NATURE OF THE CASE: Charities (D) moved to dismiss Janush's (P) complaint that D have
violated the Fair Housing Act (FHA) for disability discrimination based on the failure to
provide a reasonable accommodation.
FACTS: P suffers from a severe mental health disability. P's pets, two birds and two
cats, lessen the effects of this disability by providing her with companionship and are
necessary to her mental health. P's rental agreement with D contains a 'no pets' clause. P
sneak the pets in and a maintenance worker discovered P's animals in the apartment. P and D
negotiated for P to be able to keep the pets and under what conditions. P alleges that Ds
harassed her and refused to offer any reasonable accommodation. Ds claim that they were
willing to accommodate P's requests, at least in part, but P refused to provide requested
documentation such as proof that the animals had been vaccinated. Ds filed eviction
proceedings and P moved out. P sued D for discrimination based on Ds' refusal to reasonably
accommodate P's disability as required by the Fair Housing Act, as well as other federal and
state law causes of action. Ds now move to dismiss, or in the alternative, for summary
judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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