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
Original Source: https://www.courtlistener.com/opinion/1472683/douglas-v-kriegsfeld-corp/ ↗

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I agree with certain important conclusions that the majority reaches. In particular, I agree that Ms. Douglas proffered enough evidence to permit a trier of fact to find by a preponderance of the evidence that mental illness and alcoholism rendered her unable to keep her apartment clean and sanitary as required by her lease.1 In principle, I also agree with the majority’s conclusion that the Fair Housing Act permits a handicapped tenant to request a reasonable accommodation to enable her to maintain her tenancy at any time before a judgment of possession has been entered. As a corollary, I agree as well that a landlord who ignores even a last-minute request by a tenant to accommodate a disability does so at its peril, though I think it overstates matters to suggest that a landlord’s failure to “open a dialogue” with the tenant and engage in an “interactive process” is in itself a violation of the Fair Housing Act. The violation lies in the landlord’s unjustified refusal to grant a handicapped tenant’s request for a reasonable accommodation that is necessary to afford the tenant equal opportunity to use or enjoy the leased dwelling. 42 U.S.C. § 3604(f)(3)(B). Finally, I also agree with the majority that, in determining whether a landlord is justified in rejecting a requested accommodation because the tenant poses an unacceptable threat to the health or safety of others, a court must consider the extent to which the proposed accommodation would alleviate the threat.

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