DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1437d

Citation
Section 1437d
Parent Document
Rucker v. Davis, 237 F.3d 1113 (2001)
Effective Date
2001-01-24
Original Source
https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

Other Sections in This Document (190)

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The district court enjoined the unlawful detainer proceedings against Walker. The court held that the eviction provision of the lease placed Walker “at more risk for forfeiture of his tenancy than other tenants who do not require in home care.” While non-disabled tenants can comply with the lease provision simply by “choosing not to have any household members or guests,” Mr. Walker — because of his disability— does not have that choice. He requires an in home caretaker. Consequently, the district court concluded that the ADA may require the OHA to provide some accommodation exempting Walker from responsibility for the drug-related criminal activity of his caretaker.