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Housing Discrimination and Reasonable Accommodation, Part II
By Jeffrey R. Nuckols, Esq.
The Florida Fair Housing Act (FFHA), like the Federal Fair Housing Act (FHA), provides that it is unlawful to discriminate in the rental of a dwelling to a renter with a handicap including discrimination by refusing “make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” § 760.23(9)(b) Fla. Stat. (2015). Click the title above to read more.
Making a failure-to-accommodate claim requires a claimant to “prove that (1) he is disabled within the meaning of the FHA, (2) he requested a reasonable accommodation, (3) the requested accommodation was necessary to afford him an [equal] opportunity to use and enjoy his dwelling, and (4) the defendants refused to make the accommodation.” Philippeaux v. Apartment Inv. & Mgmt. Co. (11th Cir., 2015).
Two weeks ago, I wrote about the “reasonable accommodation” and how an accommodation that would require a landlord to incur an undue burden would probably not be a reasonable accommodation. This time I want to write about requirement number 1 above and what is a handicap for the purposes of the FFHA. Simply put, it means that “[a] person has a physical or mental impairment which substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment.” § 760.22(7) Fla.Stat. (2015). It also means that “[a] person has a developmental disability as defined in § 393.063 Fla. Stat (2015).
Jeff Nuckols’ main practice area is personal injury. If you have a question about an injury that may have been the fault of someone else, call Jeff at DKN Legal at 321-329-5449.
Nothing in this article should be construed as legal advice nor as forming an attorney-client relationship or any other form of legal representation. Consult with an attorney at DKN Legal or another attorney of your choice for legal advice.