Bhogaita v. Altamonte Heights Condo. Ass'n - 765 F.3d 1277 (11th Cir. 2014)

Rule:

The Fair Housing Act prohibits discriminating against a person on the basis of a handicap, or a disability, by refusing to make reasonable accommodations when necessary to afford the person equal opportunity to use and enjoy a dwelling.

Facts:

Bhogaita, tenant, persuaded a jury that the Association violated the disability provisions of the Federal and Florida Fair Housing Acts, 42 U.S.C. § 3604(f)(3)(B) and Fla. Stat. § 760.23(9)(b), respectively, when it enforced its pet weight policy and demanded Bhogaita to remove his emotional support dog from his condominium. The jury awarded Bhogaita damages, and the district court awarded Bhogaita attorneys' fees. The Association appealed both the judgment entered on the jury's verdict and the award of attorneys' fees.

Issue:

Did the district court properly grant the partial summary judgment to Bhogaita based on the refusal-to-accommodate element?

Answer:

Yes. 

Conclusion:

The Court held that the district court did not err in granting a tenant partial summary judgment on the refusal-to-accommodate element of his FHA and Florida Fair Housing Act claims where the evidence detailed his need for a therapy dog, the condominium association requested information that was unnecessary for a critical inquiry, and thus, the association had constructively denied the tenant's request. The tenant offered sufficient evidence to show he had a disability under the FHA given his testimony and the medical evidence about his PTSD. Moreover, the tenant produced evidence supporting the conclusion that his dog alleviated the effects of his PTSD.