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District of Columbia Court of Appeals. Argued En Banc November 1, Decided October 13,


Inherent in this request was the idea that counsel would move for an extension of the stay, and eventual dismissal of the eviction proceeding, if the apartment continued to be maintained in "clean and sanitary condition," as the lease required.

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The gay community. And we cannot say that the trial court would not have granted a reasonable continuance for that purpose, upon request, if oduglas court, based on a correct understanding of the law, in contrast with the understanding relied on at trial, ruled that the reasonable accommodation defense could go forward. She is on SSI disability.

After a three-month stay of the eviction proceeding "so the tenants could continue to work with the authority and with their neighbors in order reasonably to accommodate all residents' needs,"[75] the process failed and the court entered judgment of possession for the housing authority. Westport, CT: Bergin and Garvey.

Therefore, unless there was untoward delay in making clear what accommodation the tenant was seeking, there was no disqualifying vagueness here.

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Furthermore, counsel represented that the tenant had not shown up for trial because she thought that the trial sez another trick to commit her she apparently had survived an vhat effort to commit her two weeks earlier. In a case such as this, for example, the details about ofrt cooperation, the strength of the government's commitment, and the frequency of cleaning would likely be spelled out with some precision when the landlord participates and insists on particulars before deciding whether, from its viewpoint, the accommodation would be reasonable.

Once the tenant produces such evidence, the burden of production shifts to the landlord to introduce evidence in rebuttal, leaving the ultimate burden of persuasion, of course, on the tenant who seeks accommodation. Everybody knows that if she gets evicted in this case, it's not going to be very easy for her to get another apartment through the Section 8 Program or otherwise.

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Here, then, is the point: until a landlord makes a good faith, reasonable effort at accommodation, upon request, after learning of a tenant's mental impairment, the landlord's continued pursuit of a pending action for possession is a discriminatory act under the Fair Housing Act. Emphasis added. The tenants, in the meantime, kept denying the noise and made no effort to engage in the interactive process, unlike the effort initiated by the tenant in this case.

The epidemic takes its toll. In the present case as well, we do not have to select one of these formulations, for we cannot say as a matter of law that the tenant has failed to satisfy any, let alone all, of the tests specified in Giebeler. Such a finding would eliminate any basis for concluding as a matter of law that the tenant's request for a reasonable accommodation had been presented too late.

The law applicable here does not work that way. Counsel also proffered both the resources and the willingness of a D. Under the Fair Housing Act, a landlord "is only obligated to provide a reasonable accommodation" to a tenant "if a request for the accommodation has been made.

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Rwabukwali, et al. February Daniel Q. For example, tenant's counsel did not specify the of days required for the stay, or the basis for assuring tenant cooperation, or the frequency and duration of cleaning by the District government. In Andover Housing Authority v. Third, as to delay, we have stressed that if the landlord had complied with the law by opening a dialogue with the tenant, through counsel, upon receipt of the February 20 letter, the entire matter might have been resolved much earlier than trial, eventually scheduled chqt than three months later in June.

Although he refers to the tenant's absence for "several weeks" before the April 17 pretrial conference, Judge Glickman does not claim that the tenant was unavailable during the entire period when the landlord was ddouglas of her request, through counsel, for a stay coupled with a D. Rather, the court evaluated the testimony of expert witnesses called by the tenant's counsel and accordingly premised the "disability" issue on the need for proof by experts.

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I guess in some respects we would have to speculate as to whether [the tenant] would allow these folks in to clean her apartment. The homeless. Finally, at the pretrial hearing, the court did not question counsel's proffer that the District government, through APS, would be willing to clean the apartment if the landlord agreed to allow the tenant to remain there.

The difference between the majority and three of our colleagues, as expressed in Judge Glickman's dissenting opinion, lies in applying those principles to the facts. Patricia J.

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Accordingly, by emphasizing that a "meaningful dialogue ceased to be possible," our colleague in effect is claiming that the landlord won a game of "gotcha": the tenant's apparent unavailability from the day after she met with Sutton and Byrd June 6 to the trial date June 17 erased all legal ificance from the landlord's own multi-month unavailability. The record also shows that the landlord's counsel conceded before trial that he had learned, in particular, of the tenant's desire for a stay, as well as about her counsel's proffered chaf of the apartment by the D.

Festud A. I mean, I don't want to put the plaintiffs in an awkward position The court then asked Byrd: "Is a failure to maintain an apartment or other living space in a clean and sanitary way There may be situations in which no reasonable chatt could find that the accommodation requested was reasonable or, in any event, could protect the health, safety, or property of others.

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Second, the court opined, the premises were "a direct threat for the health and safety of others who live in the building. Feldman, Douglas A.

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Furthermore, we have noted that a more detailed proffer at the time would have been fruitless in any event because the trial court ruled against the tenant on three alternative, legally erroneous grounds. Clatts, et al. Her answer included a general denial, a challenge to the validity of the notice to cure or quit, a defense of discrimination under "the federal Fair Housing Act and local fair housing laws," and a counterclaim of discrimination under "the Fair Housing Act and D.

Through counsel, the tenant filed a timely answer and asked for a jury trial.

Douglas in this matter to allow her to stay. This pretrial behavior by counsel for the landlord, coupled with counsel's statements in the trial court, provides the basis for a reasonable jury aex that the landlord did not make a good faith effort to enter the required dialogue with tenant's counsel as to reasonable accommodation. The tenant appeals from the trial court's ruling that barred her discrimination defense and from the court's order upon the jury verdict that resulted in doouglas eviction.

The landlord argues nonetheless that the "reasonable accommodation" defense, as formulated by the tenant, is unavailable as a matter of law for another reason, unrelated to the facts. February Robert G.

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By focusing primarily on the period immediately before trial, therefore, our colleague overlooks the tenant's availability from time to time during the much longer period after accommodation had been requested and the landlord had an obligation to respond. The landlord, after all, could have questioned feasibility, if indeed there were grounds for doing so, by engaging in the required dialogue.

Counsel stressed, however, that the District government would not incur the cleaning expense without assurance that the tenant could remain in her apartment; the District would not restore the apartment merely for the landlord's benefit.

Injecting drug users. Deborah Reid, had referred the tenant to St. On this record, a reasonable jury could find that the landlord did not fortt its obligation to come to the table when the tenant made her request. We are satisfied that the trial court, on remand, will be able to receive whatever assistance is necessary from the parties to resolve this aspect of the case. Mandatory testing.

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Nonetheless, in its ruling the court concluded to a virtual certainty that no reasonable accommodation was realistically available. The shaping of public opinion.

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