Janush v. Charities Housing Development Corp.

169 F.Supp.2d 1133 (N.D.Cal. 2000)

Facts

P suffers from a severe mental health disability. P's pets, two birds and two cats, lessen the effects of this disability by providing her with companionship and are necessary to her mental health. P's rental agreement with D contains a 'no pets' clause. P sneak the pets in, and a maintenance worker discovered P's animals in the apartment. P and D negotiated for P to be able to keep the pets and under what conditions. P alleges that Ds harassed her and refused to offer any reasonable accommodation. Ds claim that they were willing to accommodate P's requests, at least in part, but P refused to provide requested documentation such as proof that the animals had been vaccinated. Ds filed eviction proceedings, and P moved out. P sued D for discrimination based on Ds' refusal to reasonably accommodate P's disability as required by the Fair Housing Act, as well as other federal and state law causes of action. Ds now move to dismiss, or in the alternative, for summary judgment.