Ajit Bhogaita v. Altamonte Heights Condominium Assn., Inc.
2014 U.S. App. LEXIS 16570
11th Cir.2014Background
- Association prohibited dogs over 25 pounds in a Florida condo complex; Bhogaita, a PTSD sufferer and US Air Force veteran, obtained a dog Kane weighing over limit to aid his condition.
- Bhogaita presented three letters from Dr. Li describing Kane as an emotional support animal and the disability-related need for accommodation.
- Association repeatedly requested extensive disability-related information and documentation, delaying a decision and threatening arbitration.
- HUD and Florida Commission findings of cause led to Bhogaita keeping Kane; Bhogaita then sued for disability discrimination and reasonable accommodation under FHA and Florida FHHA.
- District court granted partial summary judgment on refusal-to-accommodate, trial produced a jury verdict for Bhogaita ($5,000) and fee award ($127k); appellate review affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether partial SJ on refusal-to-accommodate was proper | Bhogaita showed delay prevented meaningful review | Association engaged in ongoing review with information requests | Yes, error; delay constructive denial |
| Whether Bhogaita possessed a disability and substantial limitation | PTSD substantially limits work | Record insufficient for broad employment limitation | Yes, disability found; substantial limitation shown |
| Whether the requested accommodation was necessary | Kane alleviates disability effects | Other accommodations possible; not shown necessary | Yes, accommodation necessary to ameliorate disability |
| Whether jury instructions correctly stated law on necessity and major life activities | Instructions adequately conveyed necessity and nexus | Some wording issues; not reversible | No reversible error |
| Whether attorneys’ fees were properly awarded to Bhogaita | Prevailing party with relief entitled to fees | Feecalculation disputed; merits insufficient to deny | Fees affirmed as reasonable for prevailing party |
Key Cases Cited
- Schwarz v. City of Treasure Island, 544 F.3d 1201 (11th Cir. 2008) (elements of FHA reasonable accommodation; necessity and reasonableness interplay)
- Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) (pre-ADAAA disability meaning; substantial limitation on broad class of jobs)
- Groome Res. Ltd. v. Parish of Jefferson, 234 F.3d 192 (5th Cir. 2000) (undue delay can equal denial of accommodation)
- Oconomowoc Residential Programs v. City of Milwaukee, 300 F.3d 775 (7th Cir. 2002) (reasonableness vs. necessity in accommodation analysis; limits on balancing)
- Ad-Vantage Tel. Directory Consultants, Inc. v. GTE Directories Corp., 849 F.2d 1336 (11th Cir. 1987) (litigant’s theory instruction must be supported by evidence)