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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document
Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction
DC (municipal)
Effective Date
2005-10-13

Other Sections in This Document (533)

Full Text

1,398 chars
[t]he term “qualified” handicapped person is not used in ... the Fair Housing Act, 42 U.S.C. § 3604(f)(2).... However, it is used in § 504 of the Rehabilitation Act, 29 U.S.C. § 794, to which [the Fair Housing Act] [is] analogous.... We see little reason not to consider whether a plaintiff is a “qualified” handicapped person in the context of a housing discrimination claim “because many of the issues that arise in the ‘qualified’ analysis also arise in the context of the ‘reasonable modifications’ or ‘undue burden’ analysis. That is, if more than reasonable modifications are required of an institution in order to accommodate an individual, then that individual is not qualified for the program.” Bercovitch v. Baldwin Sch., Inc., 133 F.3d 141, 154 (1st Cir.1998). In the public housing context, a “qualified” handicapped individual is one who could meet the authority’s eligibility requirements for occupancy and who could meet the conditions of a tenancy, with a reasonable accommodation or modification in the authority’s rules, policies, practices, or services .... Cf. Whittier Terrace Assoc. v. Hampshire, 26 Mass.App.Ct. 1020, 1020-1021, 532 N.E.2d 712 (1989). Here, the tenant [] made no showing that, even if eviction proceedings were withdrawn or delayed, [she ] could comply with the terms of [her ] lease by not [harming her ] neighbors. The evidence plainly suggested otherwise.