Howard v. HMK Holdings, LLC, No. 18-55923 (9th Cir. 2021)
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The Ninth Circuit affirmed the district court's grant of summary judgment for defendants in an action brought by plaintiff and his family under the Fair Housing Amendments Act (FHAA). Plaintiff and his family sought to extend their tenancy in defendants' property based on plaintiff's medical condition.
The panel agreed with the district court that, under 42 U.S.C. 3604(f)(3)(B), making "accommodations in rules, policies, practices, or services" was not necessary to afford plaintiff and his family "equal opportunity to use and enjoy a dwelling." The panel held that, absent an accommodation, the plaintiff's disability must cause the plaintiffs to lose an equal opportunity to use and enjoy a dwelling. In this case, defendants offered plaintiff and his family, who were on a month-to-month tenancy, terminable at will, a new lease for one year at an increased rent. However, plaintiff and his family turned down the new lease, and never credibly argued that they turned down the lease for any reason related to plaintiff's disability. Upon termination of the lease, plaintiff and his family were in the same position as a family with no disability that had had its lease terminated. The panel explained that it could not find a connection between plaintiff's disability and his request to remain in the home until January 22, 2018. Therefore, defendants were under no obligation to extend the tenancy-termination date. Finally, the panel agreed with the Third and Sixth Circuits and held that there is no standalone liability under the FHAA for a landlord’s failure to engage in an interactive process.
Court Description: Fair Housing. The panel affirmed the district court’s grant of summary judgment in favor of the defendants in an action under the Fair Housing Amendments Act. Plaintiffs Glenn Howard et al. sought to extend their tenancy in defendants’ property due to Howard’s medical condition. They alleged violation of 42 U.S.C. § 3604(f)(3)(B), which prohibits discrimination in the form of “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a] person equal opportunity to use and enjoy a dwelling.” The panel held that, in order to establish a claim under § 3604(f)(3)(B), a plaintiff must show that absent an accommodation, his disability would cause him to lose an equal opportunity to use and enjoy a dwelling. The panel agreed with the district court that because plaintiffs did not establish a causal link between Howard’s medical condition and the requested accommodation, defendants were under no obligation to extend the tenancy-termination date. Plaintiffs also alleged that defendants were liable under the FHAA for failing to engage in an interactive process with them. Agreeing with the Third and Sixth Circuits, the panel held that there is no standalone liability under the FHAA for a landlord’s failure to engage in an interactive process. HOWARD V. HMK HOLDINGS 3
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