Welcome to the Alice in Wonderland world of HUD reading the FHA. We can start with a quote from the novel by Lewis Carroll that sums up the problem:
“When I use a word,” Humpty Dumpty said, in rather a
Accessibility Defense
The Accessibility Defense blog, published by Hunt Huey PLLC, focuses on legal issues related to the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and disability rights enforcement. It covers topics such as ADA compliance and litigation strategies, fair housing obligations and enforcement trends, emotional support animal regulations, and the impact of federal administrative policies on disability rights. The blog also discusses legal ethics in the context of accessibility defense and provides analysis of legislative proposals affecting ADA enforcement. It aims to inform businesses, housing providers, and legal professionals about the practical and legal challenges in defending against accessibility-related claims and navigating evolving disability rights laws.
Latest from Accessibility Defense - Page 5
Starbucks again – Lactose intolerance, alternative milk and the ADA
By Richard Hunt
Back in 2022 a plaintiffs’ firm filed a national class action in Florida against Starbucks claiming that it discriminated against those with lactose intolerance by charging extra from non-dairy milk alternatives. The case progressed in fits and starts, as most…
ADA and FHA Standing – good news, bad news and a twist
By Richard Hunt
I don’t usually blog about my own cases because it requires that I put in a disclaimer.¹ However, a trio of district court decisions, including two in cases where I represent the defendant, justify another look at standing after Transunion…
Kiosks and the ADA – evaluating the risk after Davis v Lab Corp
By Richard Hunt
Circuit court decisions on ADA cases are sparse when compared to the number of suits filed, and cases involving self-service kiosks are rare, so it isn’t surprising the Ninth Circuit’s decision in Davis et al v. Laboratory Corp. of America Holdings,…
Acheson Hotels – I had to say something
By Richard Hunt
My Google News feed has had dozens, maybe hundreds of articles about the Supreme Court’s decision to dismiss the Laufer v Acheson Hotels case. When written by disability rights advocates the positions are what you’d expect; either “whew we dodged a…
FHA indemnity and contribution – another step in the right direction
By Richard Hunt
On October 13, 2023, Magistrate Judge Peter Bray of the Southern District of Texas released a Memorandum and Order that analyzes the reasons for permitting an owner of multi-family properties to bring in every party that contributed to an FHA…
Acheson Hotels – tester standing at the crossroad 2.
By Richard Hunt
In my last blog I looked at why testers became embedded in the enforcement of civil rights laws from a practical standpoint. Now it’s time to look at the law of standing as it relates to testers.¹
The Supreme Court…
Acheson Hotels: tester standing at the crossroads part 1.
By Richard Hunt
Now that everyone (and I mean everyone¹ ) has weighed in on tester standing as presented to the Supreme Court in Acheson Hotels v Laufer I thought I might as well try to explain the issue for those who don’t…
California versus the Constitution – who can regulate internet accessibility?
By Richard Hunt
Several other sources have reported on recent legislation in California that would establish WCAG 2.1 AA as the minimum accessibility requirement for websites that do business in California.¹ The bill is a disaster in many ways, but rather than look…
Georgia Court of Appeals rejects HUD’s position on pet fees
By Richard Hunt
HUD has consistently taken the position that a landlord can never charge pet rent or a pet deposit for a service or assistance animal.¹ It is not a position that makes any sense although HUD has held it for a…