Austin v. Town of Farmington, 826 F.3d 622 (2016)

Citation: Austin v. Town of Farmington, 826 F.3d 622 (2016)
Parent Document: Austin v. Town of Farmington, 826 F.3d 622 (2016)
Jurisdiction: United States (federal)
Effective Date: 2016-06-21
Original Source: https://www.courtlistener.com/opinion/3215339/austin-v-town-of-farmington/ ↗

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             The FHA uses the term “handicap” rather than “disability.” See 42 U.S.C. §
     3604(f)(3). The FHA definition of “handicap,” though, is virtually identical to the
     definition of “disability” in the Americans with Disabilities Act of 1990 (“ADA”),
     Pub. L. No. 101-336, 104 Stat. 327 (codified as amended at 42 U.S.C. § 12101 et seq.
     (2008)), and disability scholars tend to prefer the term “disability.” We will
     therefore treat the two terms interchangeably and use the term “disability” throughout
     this opinion. See Rodriguez v. Vill. Green Realty, Inc., 788 F.3d 31, 38 n.8 (2d Cir.
     2015) (using terms interchangeably for similar reasons).

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