Legal Question in Disability Law in California
Landlord Used UD to do an end-run around accommodation request
Briefly stated - we requested a disability accommodation (service animal) which the landlord refused (doctor substantiated meical need). We sued landlord and filed DFEH complaint. Landlord gave us 60-day notice because of the animal, and then filed a UD against us. We incurred significant legal fees and costs to defend UD, and my wife was hospitalized for 4 days due to the stress. The question of whether she is entitled to the accommodation has not been resolved legally. As a last resort, we removed the animal in question, and then we intended to move out before the UD trial. Three days before the UD trial the landlord voluntarily withdrew the UD because we had removed the animal. Also, the landlord refused to accept our ent payments for 6 months during this process, and once they withdrew the UD complaint they demanded 6 months' back rent. This appears to be a misuse of the process since the landlord's objective was not to obtain possession of the premises but to force us to remove the animal even though we sill maintain we should be allowed to keep it as an accommodation.
1 Answer from Attorneys
Re: Landlord Used UD to do an end-run around accommodation request
Theoretically, the landlord might be liable for failing to accommodate and retaliating against you. But it depends upon the validity of the need for accommodation. You say that is not established. When it is, talk to local counsel experienced in disability discrimination. Hope you banked the rent money that you owe, so you can pay it now.
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