What is a reasonable accommodation under the FHA and ADA

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In a recent EDNY case, a plaintiff with mobility issues brought several claims against their apartment building under the ADA and FHA. The plaintiff alleged that the building had failed to make reasonable accommodations for their disability, had subjected them to a hostile housing environment, and had retaliated against them for engaging in protected activity under the FHA. However, the court granted the defendant's motion to dismiss all claims. The court found that the plaintiff had failed to allege that they had requested reasonable accommodations before filing their lawsuit, which was required to establish a claim under the FHA. The court also found that the plaintiff had failed to allege sufficiently severe and pervasive harassment to establish a claim for hostile housing environment under the FHA. Additionally, the court noted that a residential facility is not a public accommodation under the ADA, and that the plaintiff had failed to allege a concrete adverse action to establish a claim for retaliation under the FHA.

In conclusion, the case of Levy v. Lawrence Gardens Apartments Del, LLC, 2023 U.S. Dist. LEXIS 53346 (EDNY 2023) highlights the importance of understanding the requirements and limitations of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) in the context of discrimination claims related to housing. The ruling clarifies the necessary elements for claims of failure to make reasonable accommodations, hostile housing environment, and retaliation under the FHA, as well as the limited applicability of the ADA to residential facilities. Ultimately, the decision emphasizes the importance of carefully pleading and presenting evidence to meet the legal standards necessary to establish a violation of the FHA or ADA in housing discrimination cases.

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