2013 Ohio 4143
Ohio Ct. App.2013Background
- Leah D. Brown was a CMHA public-housing tenant since 2007 and has diagnosed bipolar and panic disorders and mobility impairments.
- Her lease contained the federally mandated "zero tolerance" clause allowing termination for criminal activity that threatens other tenants' health, safety, or peaceful enjoyment.
- In December 2011 Brown yelled racial epithets and threatened fellow tenant Maimou Ndiaye; she was charged (pled to disorderly conduct) and other tenants vacated in response.
- CMHA investigated, concluded Brown posed a direct threat to other residents, served lease-termination notice, and filed a forcible-entry-and-detainer action when she did not vacate.
- Brown requested a reasonable-accommodation plan (behavioral intervention with provider contact); CMHA denied it and moved for summary judgment on the eviction claim; Brown counterclaimed under the FHAA for discrimination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CMHA could terminate tenancy for Brown’s criminal conduct threatening other tenants | CMHA: lease and federal law authorize termination where tenant engages in criminal activity that threatens others | Brown: CMHA should have provided reasonable accommodations before eviction | Court: CMHA entitled to summary judgment; conduct established direct threat and justified termination |
| Whether Brown was entitled to reasonable accommodations prior to eviction | CMHA: safety of other tenants and direct-threat exclusion permit denial of accommodations | Brown: FHAA requires accommodation attempts and interactive process | Court: FHAA does not require accommodation when tenancy is a direct threat; no duty to automatically accommodate here |
| Whether summary judgment was appropriate | CMHA: demonstrated absence of genuine fact issues showing criminal conduct and direct threat | Brown: disputed facts, offered affidavits and letters from providers to show disability and need for accommodation | Court: CMHA met initial Dresher burden; Brown failed to present triable issues linking conduct to disability or showing accommodation would mitigate threat |
| Whether the counterclaim was dismissed by the trial court | CMHA: summary judgment on possession did not dismiss counterclaim | Brown: contends counterclaim was dismissed and seeks relief | Court: Counterclaim was not dismissed; Brown’s partial summary-judgment motion on it was denied and the damages claim remains pending |
Key Cases Cited
- Dept. of Hous. & Urban Dev. v. Rucker, 535 U.S. 125 (2002) (upholds public-housing eviction provision authorizing discretion to evict for certain criminal activity)
- Groner v. Golden Gate Gardens Apts., 250 F.3d 1039 (6th Cir.) (public housing may deny accommodation where criminal activity threatens others)
- Bangerter v. Orem City Corp., 46 F.3d 1491 (10th Cir.) (direct-threat provision permits restrictions justified by public-safety concerns)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (explains movant’s initial burden and nonmoving party’s reciprocal duty in summary-judgment practice)
- Cuyahoga Metro. Hous. Auth. v. Jackson, 67 Ohio St.2d 129 (1981) (forcible-entry-and-detainer judgments as immediately appealable)
- Comer v. Risko, 106 Ohio St.3d 185 (2005) (de novo standard of review for summary judgment)