Salisbury v. City of Santa Monica, No. 20-55039 (9th Cir. 2021)
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The Fair Housing Amendments Act of 1988 (FHAA) does not require landlords to accommodate the disability of an individual who neither entered into a lease nor paid rent in exchange for the right to occupy the premises.
The Ninth Circuit affirmed the district court's grant of summary judgment in favor of the City, in an action brought by plaintiff against the City for wrongful eviction based on several theories of state law implied tenancy. The panel held that the FHAA applies to rentals only when the landlord or his designee has received consideration in exchange for granting the right to occupy the premises. As to occupants requesting accommodation, the panel held that the FHAA's disability discrimination provisions apply only to cases involving a "sale" or "rental" for which the landlord accepted consideration in exchange for granting the right to occupy the premises. Applying a federal standard rather than California landlord-tenant law, the panel concluded that because plaintiff never provided consideration in exchange for the right to occupy Spot 57, the FHAA was inapplicable to his claim for relief. Furthermore, the City was not obligated to provide, offer, or discuss an accommodation.
Court Description: Fair Housing Affirming the district court’s summary judgment in favor of the City of Santa Monica, the panel held that the Fair Housing Amendments Act of 1988 does not require landlords to accommodate the disability of an individual who neither entered into a lease nor paid rent in exchange for the right to occupy the premises. Plaintiff lived with his father in a mobile home on land rented from the City of Santa Monica. Upon his father’s death, plaintiff refused to vacate the mobile home park, and he asked the City to accommodate his disability by waiving park rules to allow him to store his vehicle immediately next to his mobile home. The panel held that, by its plain language, the FHAA does not apply to claims by plaintiffs who never themselves or through an associate entered into a lease or paid rent to the defendant landlord. As to occupants requesting accommodation, the FHAA’s disability discrimination provisions apply only to cases involving a “sale” or “rental” for which the landlord accepted consideration in exchange for granting the right to occupy the premises. Applying a federal standard, rather than California landlord-tenant law, the panel concluded that because plaintiff never provided consideration in exchange for the right to occupy a space in the mobile home park, the FHAA did not apply to his claim SALISBURY V. CITY OF SANTA MONICA 3 for relief, and the City was not obligated to provide, offer, or discuss an accommodation.
The court issued a subsequent related opinion or order on June 7, 2021.
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