A New Framework for Evaluating the Fair Housing Amendments Act's "Direct Threat" Cases

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Landlords, citing exception to the Federal Housing Amendments Act’s reasonable accommodation requirement, may refuse to accommodate tenants with disabilities when the tenant has a serious lease violation and the tenant’s actions are a “direct threat” to the health and safety of others even if such actions are attributable to the tenant’s disability. Relevant court decisions are fact-specific, and generalizing about them is difficult. A new framework harmonizes court decisions to guide the advocate in evaluating direct threat cases. Advocates should focus not on past tenant actions but on post-lease-violations or posttermination actions that would ensure future lease compliance.

By Liam Garland From March-April 2008 Clearinghouse Review