Hunt v. Aimco Properties, L.P., No. 14-14085 (11th Cir. 2016)
Annotate this CasePlaintiff filed suit under the Fair Housing Act, 42 U.S.C. 3604, against Aimco, on behalf of herself and her son Karl, who was born with Down Syndrome, alleging that Aimco threatened her and her son with eviction and non-renewal of their lease purportedly because Karl had harassed and made threats to members of the apartment complex’s staff. The district court granted defendant's motion to dismiss the complaint. As a preliminary matter, the court noted that this case is not moot despite the fact that plaintiff and her son were ultimately allowed to remain in their apartment. The court concluded that plaintiff sufficiently pled a claim alleging that Aimco discriminated against her and her son by making their apartment unavailable because of Karl's disability; plaintiff stated a claim for disparate treatment in the terms, conditions, or privileges of the rental where she alleged that, because of Karl’s disability, Aimco representatives mistreated him by yelling at him, making him do maintenance work around the complex, and barring him from the community rooms and the office; and plaintiff stated a claim for failure to reasonably accommodate where plaintiff requested Aimco staff to let her and her son remain in their apartment while she made arrangements for Karl to be placed in offsite care to avoid future incidents or misunderstandings. Accordingly, the court reversed and remanded.
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