District of Columbia Court of Appeals. Argued En Banc November sed, Decided October 13, Timothy P. Cole for appellee. Michael L. Murphy and David T.
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Michael Allen, Washington, and Amber W. Richard W. Luchs and Roger D.
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We disagree with several of the trial court's rulings and thus reverse and remand the case to the trial court for further consideration of the tenant's request for accommodation. 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.
On August 23,Kriegsfeld Corporation landlord served her with a thirty-day notice to "cure or quit" for violation of her lease covenant to "maintain the apartment in clean and sanitary condition.
An exhibit to the tenant's earlier, unsuccessful motion for summary judgment confirmed that as a result of this situation the landlord's representative, Ms. Deborah Reid, had referred the tenant to St. Elizabeths Hospital for a psychiatric evaluation.
Cjat tenant neither cleaned up nor vacated the premises, and the landlord accordingly filed an action for possession on November 30, Through counsel, the tenant filed a timely answer and asked for a jury trial. Her answer included a general denial, a challenge to the validity of the notice to cure or quit, granny chat city 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.
Human Rights Doutlas. Douglas suffers from a mood disorder mental illness.
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She is on SSI disability. The District of Columbia government has advised me that they are prepared to assist her with her problems because it is their opinion as well that Ms. Douglas would benefit from intervention and a reasonable accommodation. Counsel, however, did not describe the type of accommodation sought or the assistance that the District of Columbia twilight chat room would offer.
Later, at a pretrial conference, the court asked for briefs on the question whether the tenant should be permitted to present her discrimination defense based on the landlord's failure to make a "reasonable accommodation" of her alleged mental disability. The landlord's counsel further acknowledged: "I did not specifically talk to [tenant's counsel] about that until a couple of weeks ago," around the first of June"when I told him that his proposal simply lacked any specifics for us to really make an evaluation on.
Landlord's counsel eventually communicated his position to tenant's counsel on June 14, three days before trial: "We are willing to allow Ms. Counsel then stressed: "They [i. Douglas in this matter to allow her to stay. 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.
Accordingly, it was clear to everyone that the tenant was seeking, as a "reasonable accommodation," a stay of the eviction proceeding for a period long enough for the District government to clean the premises and thus cure the tenant's breach of the lease. Counsel also proffered both the resources and the willingness of a D. According to counsel, a reasonable accommodation, once given, need not be repeated if the tenant or her government protector failed to comply with its terms.
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In sum, the tenant was asking initially for a brief stay of the eviction proceeding based on 1 a proffered mental illness that allegedly had caused her to foul the premises unremittingly, 2 a proffer that the D. Inherent in this request was the idea that counsel would doiglas 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.
The trial court, after hearing evidence and argument, sxe the tenant's request clearly, accepted that the D. I mean, I don't want to put the plaintiffs in tort awkward position Cht added. I don't have the sense that [the representative of the landlord is] anxious to see this poor woman out on the street need dirty talk horny. 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.
And there have been these gort made that the Adult Protective Services can provide the services that the landlord presumably would think were necessary, but won't, because the case is pending. But I mean, if that's the only impediment to Adult Protective Services going in there and doing the cleaning, both initially and on an ongoing basis, presumably [Adult Protective Services] could [be] disabused of the erroneous view that they shouldn't act while the case is pending.
I mean, why not?
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I can understand why, hypothetically, [District government representatives] don't want to send three people in there for two days and clean it up and then have the defendant evicted the next week. But if they have every reason to believe that their work would not be for naught, I would hope that they're not so tied douvlas in bureaucratic concerns that would make it impossible.
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I guess sexy nude chat some respects we would have to speculate as to whether [the tenant] would allow these folks in to clean her apartment. To the court's final observation the tenant's counsel replied: "[I]t might take a little bit of effort, it might not take one day, it might take a whole week or two weeks or something like that. The following day, the court ruled by oral opinion that the tenant could not present a "reasonable accommodation" defense.
The jury then heard an essentially defenseless case and found for the landlord the tenant subsequently was evicted. 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 her eviction.
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The trial court rejected the tenant's disability discrimination defense "for eouglas reasons," each of which the court found "independently sufficient" for its ruling. The court acknowledged that it had "equitable authority" to grant relief to the tenant when a lease violation had not been eliminated during the douglass "cure period. Second, the court opined, the premises were "a direct threat for the health and safety of others who live in the building.
Before chatt the trial court's analysis, we believe it will be useful to outline the regulatory scheme that governs this case. First, the Federal Housing Act, as amended inprohibits a landlord from discriminating among others against a tenant in the "rental" or "terms, conditions, or privileges. The federal Fair Housing Act, however, also contains an important limitation. It does not "require that a dwelling be made available to an individual whose tenancy would constitute a direct threat douglaz the health or safety of hcat individuals or whose tenancy would result in substantial physical damage to the property of others.
We respectfully disagree. In the first place, the tenant's requested accommodation iphone chat avenue a brief stay of the eviction proceeding to permit the District government to clean the apartment, as it cheating wife hotel room in canada reportedly agreed to do, followed by extension of the stay and eventual dismissal of the action if the apartment remained clean.
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That eouglas was not "extremely vague. Therefore, unless there was untoward free sex chat bays kentucky in making clear what accommodation the tenant was seeking, there adult chat free no disqualifying vagueness here. We turn, then, to timing.
Rather the court faulted the tenant for failure to make clear what accommodation she was seeking until shortly before trial and, further, for her failure to cure her violation by cleaning the apartment cchat the seven months after the cure period had expired. We do not agree with the trial court's ruling that as a matter of law the tenant's request for accommodation was vague and untimely. The tenant was under lease without incident for six months January-July Then in July the landlord, upon dougoas filthy, unsanitary conditions in the tenant's apartment, gave her a notice to cure or quit August-October At this point, all the elapsed time was attributable to the normal requirements of judicial process that landlords risk having to accept from the business they have chosen to pursue.
forr Reid, had perceived at least two months earlier in Decemberwhen she successfully referred the tenant to St. Elizabeths Hospital. Under the Fair Housing Act, a landlord "is only obligated to provide a reasonable accommodation" to a tenant "if a request sec the accommodation has been made. According to applicable case law, including an administrative adjudication by HUD itself, once the tenant requests a "reasonable accommodation" or, without using those exact words, requests an accommodation for a disability the landlord is obliged under the Fair Housing Act to respond promptly.
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We believe it was. In the interest of expediting the matter, counsel for the tenant should have stated the request for accommodation with greater specificity in his letter of February 20, which did not expressly mention a stay of the proceedings or spell out a plan for cleaning the apartment. That letter, however, did not lack detail. The landlord was informed that the tenant suffered from a "mood disorder," was "on SSI disability," had a D.
But in the context of this pending action for possession, a jury reasonably could find from the evidence of record that, as early as February 20,a request for a stay was implicit; and in the circumstances of a filthy apartment, a jury reasonably could find that, as of that same February date, the reference to the D. Accordingly, we cannot say that the February 20 letter failed as a matter of law to be a "request" for a "reasonable accommodation. Lesbian threesome dirty talk the evidence addressed at the pretrial hearing, a jury could also find that counsel for the landlord failed to engage in discussion with the tenant's counsel until approximately two weeks before trial.
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Such a finding would eliminate any basis for concluding as a matter of law that the tenant's request for a reasonable douvlas had been presented too late. Indeed, a jury could reason that if the landlord had promptly responded in February, as the law required, and asked for more detail, the ensuing negotiations between the parties, including the role of the D. To support its ruling that the tenant's request for accommodation was untimely, the trial court relied on our Grubb decision pennsylvania chat line equitable authority to deny the tenant relief.
Grubb, however, was a local law decision addressing a notice to cure or quit unaffected by a Fair Housing Act defense. It has no application to the timing issue under federal law.
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Given the factual record to date and the applicable law, therefore, we cannot say as a matter of law that the tenant's request was untimely. Absent a vagueness or a timing issue, therefore, the question remains: was there evidence sufficient for a jury to sustain the tenant's defense that the landlord did not respond to the tenant's request for a "reasonable accommodation"?
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The court said "no" douglws a second reason: that this case came within the statutory exception that cancels a landlord's obligation to offer a reasonable accommodation when the tenancy doublas "a direct threat to the health or safety of other individuals. Rather, as stated earlier, the landlord must attempt accommodation at least by opening a dialogue with the tenant on the requested accommodation and thus explore accommodation in good faith before saying "no.
There may be situations in which no reasonable fact-finder could find that the accommodation requested was reasonable or, in any event, could protect the health, safety, or property of others. In this case, however, the trial court did not give "accommodation" the required consideration. This hedging language of the court "apparent," "almost" was not raised to the level of a concrete finding of fact and thus left room for further inquiry into the potential for accommodation.
This is especially true because as we shall see below the tenant was a subject of ongoing intervention by the D. 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.
And the court heard tenant's counsel acknowledge that eviction would be warranted if the apartment did not remain clean through continued government intervention. Implicit in this proffer and concession was the idea that as long as the apartment remained "clean and sanitary," the tenant would be entitled to extension of the stay and eventual dismissal of the landlord's action for possession.
Nonetheless, in its ruling the court concluded to a virtual certainty that no reasonable accommodation was realistically available. After failing for more than three months to respond to the tenant's request for a "reasonable free sexchat the landlord learned at least two weeks before the scheduled trial that the tenant was seeking a brief stay of the eviction proceeding to allow an agency of the D.
And srx landlord learned at the pretrial hearing, if not earlier, that the tenant would not contest eviction if the apartment, once clean, became filthy again. A reasonable jury could find that, given this knowledge, the landlord, nonetheless, did not respond.