Freedom's Path At Dayton v. Dayton Metro. Hous. Auth.

2018 WL 2948021 (June 13, 2018)


P wants to use Veterans Affairs Supportive Housing (VASH) project-based rental assistance to house veterans, most of whom are disabled, in a development known as Freedom Path-Dayton VA on the VA Medical Center's campus in Dayton, Ohio. P needs D's approval because only an entity such as D can apply for a VASH allocation. D does business as Greater Dayton Premier Management (GDPM). On April 9, 2013, GDPM sent D a letter supporting P's development. GDPM committed thirty-three project-based vouchers. But since this initial commitment, GDPM 'has balked at providing continued support to P.' P asked GDPM to apply for project-specific vouchers. D proposed applying for VASH Project-Based Rental Assistance on behalf of itself. By doing this GDPM jeopardized HUD's award of 25 points that would give P enough points for its project to be selected. P sent a detailed letter to GDPM asking it to apply to HUD on P's behalf for 60 VASH vouchers before the impending September 9, 2016 deadline. P asked D to treat this as a request for reasonable accommodation under the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act and take whatever steps necessary to accommodate the request. GDPM denied the request. P seeks declaratory relief that GDPM violated the FHA and ADA and an order that GDPM apply to HUD on P's behalf for VASH project-based rental assistance. Before the court are motions to compel discovery and for a protective order.