Today’s blog entry come to me courtesy of Clinical Law Professor Leonard Sandler of the University of Iowa, and deals with the question of whether there is an FHA violation when an insurance company allegedly refuses to insure a landlord because the ESA owned by the tenant was one of the prohibited breeds contained in
42 U.S.C. §3604
Direct Liability for a Title II Entity Delegating Their ADA Responsibilities Redux
By William Goren on
Posted in 504, ADA, Fair Housing Act, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title II
Before proceeding with today’s blog entry, I want to wish everyone celebrating a happy new year. I realize that my blog entry is late this week, but I have a good reason for it. We got back from parents weekend last Sunday, then had to deal with Helene damage, which fortunately was not anything that…
Roadmap for Dealing with Emotional Support Animals Matters
By William Goren on
Posted in ADA, Fair Housing Act, General, Guidances, State Cases, State Statutes, Title II, Title III
This may very well be a week with two blog entries for three reasons. First, there is the blog that will be the subject of this blog entry. Second, if I have this figured right, this is the last week that the Supreme Court has for issuing opinions before their summer recess. I am particularly…
At the Supreme Court: Talevski and Laufer
By William Goren on
Today’s blog entry deals with a couple of goings-on at the United States Supreme Court. The first is the Supreme Court decision in Health and Hospital Corporation of Marion County v. Talevski, here. In this case, the Supreme Court, in a 7-2 decision, held that violations of the federal law dealing with nursing home…
Upon Further Review, the HUD Circular Just Might Survive Kisor as well as EPA v. West Virginia and be Given Judicial Deference
By William Goren on
Yesterday was the 32nd anniversary of the ADA. People with disabilities and disability rights have certainly come a long way, but there is certainly much more to go.
Today’s blog entry is the result of a case that was sent to me in a discussion that I had with several colleagues about breed…
ESA in Iowa? Not under Iowa Law if in Residential Complexes or Dormitories
By William Goren on
Posted in General
Today’s blog entry come from a decision of the Iowa Supreme Court on June 30, 2020. The result of this decision means that if you are in the State of Iowa, living in a multifamily complex or dormitory, and want an emotional support animal, you most probably are not going to be able to get…
Cowpet Revisited: Survival of Claims and Interference Claims Under the FHA/ADA
By William Goren on
Back in January 2015, you will find this blog entry talking about the survivability of ADA claims and Fair Housing Act (FHA) claims. That case was appealed, and the Third Circuit issued a precedential (published), decision on March 31, 2017. So, here goes. As is usual, the blog is divided into categories and they are:…