United States v. Jialeah Housing Authority
418 F. App'x 872
11th Cir.2011Background
- United States sues on FHA §3604(f)(3)(B) for failure to provide a reasonable accommodation to Mr. Rodriguez.
- District court granted summary judgment for HHA, finding no genuine issue HHA knew of the disability or need for accommodation.
- Rodriguez family faced eviction after a transfer dispute; mediation revealed disability information.
- HHA offered transfers to Hoffman Gardens but not to fulfill the requested on-site accessibility; the first-floor bathroom issue surfaced.
- The United States appeals and seeks reversal; HHA seeks sanctions under Rule 38, which are denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did HHA have notice of the disability and need for accommodation? | Rodriguez's communications during hearing/mediation put HHA on notice. | HHA contends no clear, specific demand existed. | Genuine issues of material fact exist on notice. |
| Did HHA refuse to provide the requested accommodation? | HHA construction of a waiting period and unit relocation denied accommodation. | HHA offered alternatives and sought documentation. | Yes, issue of constructive denial disputed; facts material. |
| Should the district court have determined whether Rodriguez was disabled before ruling? | District court should assess disability to determine necessity. | Undetermined; remand appropriate to decide first. | Remand for district court to decide the disability issue. |
| Was the alleged accommodation necessary to enable use of the dwelling? | Disability made second-unit transfer necessary. | Records show alternative accommodations proposed; necessity contested. | Factual questions remain; cannot grant summary judgment. |
Key Cases Cited
- Loren v. Sasser, 309 F.3d 1296 (11th Cir. 2002) (standard for summary judgment in FHA context; view in light of opposing party)
- Schwarz v. City of Treasure Island, 544 F.3d 1201 (11th Cir. 2008) (ADA/Rehabilitation Act guidance applied to FHA reasonable accommodation)
- Gaston v. Bellingrath Gardens & Home, Inc., 167 F.3d 1361 (11th Cir. 1999) (duty to provide accommodation triggered by clear demand for accommodation)
- Jankowski Lee & Assocs. v. Cisneros, 91 F.3d 891 (7th Cir. 1996) (employer duty to request documentation or dialogue when skeptical of disability)
- Colwell v. Rite Aid Corp., 602 F.3d 495 (3d Cir. 2010) (whether employer knows of disability and desire for accommodation depends on information provided)