Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction: DC (municipal)
Effective Date: 2005-10-13
Original Source: https://www.courtlistener.com/opinion/1472683/douglas-v-kriegsfeld-corp/ ↗

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Reasonable accommodation cases are different. A tenant who seeks reasonable accommodation of a disability after receiving a notice to cure or quit, for example, is concerned not about adverse *1129treatment in relation to other tenants but about the failure to receive treatment that reasonably recognizes her disability.43 The causation the tenant must show in this analysis, therefore, is limited to demonstrating that the requested accommodation “may be necessary” to assure “equal opportunity to use and enjoy a dwelling.”44 Or, as the U.S. Courts of Appeals for the Sixth and Ninth Circuits have put it, tenants “must show that, but for the accommodation, they likely will be denied an equal opportunity to enjoy the housing of their choice.”45 As to manner of proof, the tenant initially must produce evidence sufficient for findings that the requested accommodation is reasonable and may be necessary for enjoyment of the premises equal to that experienced by tenants who are not disabled. Once the tenant produces such evidence, the burden of production shifts to the landlord to introduce evidence in rebuttal, leaving the ultimate burden of persuasion, of course, on the tenant who seeks accommodation.46

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