United States
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Warren v. Delvista Towers Condominium Ass'n, Inc. | In its motion for summary judgment, Defendant argues Plaintiff’s accommodation request under the Federal Fair Housing Act (the “FHA”) to modify Defendant's “no pet” policy was unreasonable because Plaintiff's emotional support animal was a pit bull and pit bulls were banned by county ordinance. In denying the Defendant’s motion, the District Court found that changing a no pets policy for an emotional support animal was a reasonable accommodation under the FHA. The court also found that enforcing the county ordinance would violate the FHA by permitting a discriminatory housing practice. However, in line with US Department of Housing and Urban Development notices, the court found genuine issues of material fact remained as to whether the dog posed a direct threat to members of the condominium association, and whether that threat could be reduced by other reasonable accommodations. |
Washington v. Olatoye | This New York case involves an appeal by a public housing tenant after his petition to declare his dog an assistance animal was denied and he was placed on probation with instructions to his dog from the premises. The denial stems from an incident where Petitioner's English Bulldog "Onyx" allegedly bit a NYCHA employee when the employee was delivering a hotplate to petitioner's apartment when petitioner was not home. After the incident, NYCHA notified petitioner that it would seek to terminate his tenancy for non-desirability and breach of its rules and regulations. Petitioner suffered from mental illness as well as a traumatic brain injury and was in the process of trying to register Onyx as an assistance animal, which was validated by a letter from the psychiatric support center where he received services. At a hearing, the NYCHA hearing officer sustained the charges against petitioner, required him to remove the dog from his apartment immediately and placed him on probation for one year. It did not address petitioner's request for an assistance animal as a reasonable accommodation and ignored the mental health records submitted into evidence. On appeal, this court first noted that housing providers are required to allow a person who proves their burden of showing that an animal assists them with aspects of their disability to keep an assistance animal. Here, the hearing officer engaged in no such analysis and relied on the "direct threat" exemption to the Fair Housing Amendments Act. Because there was no initial record that addressed petitioner's reasonable accommodation request, the appellate court was left with an insufficient record that precluded adequate review. Thus, the petition was held in abeyance and this court remanded the proceeding to NYCHA for a determination, on the existing record, in accordance with this decision. |
Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n |
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Waters v. Powell |
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Watson v. State of Texas |
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Watzig v. Tobin |
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Webb v. Amtower |
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Webber v. Patton |
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Weigel v. Maryland |
Following the Tracey v. Solesky opinion, a nonprofit, nonstock cooperative housing corporation issued a rule that banned pit bulls on its premises. Members and leaseholders who owned dogs believed to be pit bulls sought a temporary restraining order and preliminary injunction against the corporation and the state of Maryland in an amended complaint. Although the district court found the plaintiffs had adequately demonstrated standing and ripeness in their claims, the court also found that some of the leaseholders and members' charges were barred by 11th Amendment immunity and by absolute judicial immunity. Additionally, the district court found that the leaseholders and members' amended complaint failed to plead plausible void-for-vagueness, substantive due process and takings claims. The district court, therefore, granted the state's motion to dismiss and held all other motions pending before the court to be denied as moot. |
Welfare Concerns of Fish Farms |