March 26, 2012
- 78 Civil Rights
- 78V State and Local Remedies
- 78k1705 State or Local Administrative Agencies and Proceedings
- 78k1710 k. Evidence.
Substantial evidence supported Fair Employment and Housing Commission (FEHC) determination that condominium association had discriminated against condominium residents, a married couple who suffered from depression and other disorders, in failing to reasonably accommodate their disabilities by permitting them to keep a small companion dog, despite condominium conditions, covenants, and restrictions (CC&Rs) prohibiting residents from keeping dogs and fact that dog did not qualify as service animal; husband and wife suffered from disabilities as defined in Fair Employment and Housing Act (FEHA), which interfered with enjoyment of their home, having a dog improved the situation, residents notified association of their disabilities and their need for a dog, and association sought no further documentation of their conditions, but refused to make accommodation.
Auburn Woods I Homeowners Ass’n v. Fair Employment & Hous. Comm’n, 18 Cal. Rptr. 3d 669 (Ct. App. 2004)
Suggested by Robert B. Jacobs, Attorney; Law Office of Robert B. Jacobs; Pleasanton, CA