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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)

Citation
Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)
Parent Document
Mary Valencia v. City of Springfield, 883 F.3d 959 (2018)
Effective Date
2018-03-01

Other Sections in This Document (36)

Full Text

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The FHAA requires public entities “to reasonably accom-
modate a disabled person by making changes in rules, poli-
cies, practices or services as is necessary to provide that per-
son with access to housing that is equal to that of those who
are not disabled.” Good Shepherd Manor Found., Inc. v. City of
Momence, 323 F.3d 557, 561 (7th Cir. 2003); see also 42 U.S.C.
§ 3604(f)(3)(B). “Although the plain language of the FHAA
provides little guidance concerning the reach of its accommo-
dation requirement, the contours of the obligation have been
given substantial elaboration by this court and other courts of
appeals.” Wis. Cmty. Servs., 465 F.3d at 749. “The basic ele-
ments of an FHAA accommodation claim are well-settled.” Id.
“The FHAA requires accommodation if such accommodation
(1) is reasonable, and (2) necessary, (3) to afford a handi-
capped person the equal opportunity to use and enjoy a
dwelling.” Oconomowoc, 300 F.3d at 783.9
    “Whether a requested accommodation is reasonable or not
is a highly fact-specific inquiry and requires balancing the
needs of the parties.” Id. at 784. “An accommodation is rea-
sonable if it is both efficacious and proportional to the costs to