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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In applying "reasonable accommodation" under the Fair Housing Act, the Ninth Circuit concluded in Giebeler that the prospective tenant had proffered evidence sufficient to satisfy both the RA and the ADA formulations.[65] Accordingly, in reversing the district judge's finding that the prospective tenant had failed to proffer a reasonable accommodation, the court did not have to choose between the two formulations for Fair Housing Act purposes. In the present case as well, we do not have to select one of these formulations, for we cannot say as a matter of law that the tenant has failed to satisfy any, let alone all, of the tests specified in Giebeler. More specifically, we cannot conclude on *1136 this record that the tenant's request for a stay, coupled with her proffer that the D.C. government would clean the apartment and keep it clean, was not "possible" or did not state a "method of accommodation that is reasonable in the run of cases" (emphasis omitted). Nor can we conclude that her proffer did not "seem[] reasonable on its face, i.e., ordinarily or in the run of cases" (or, even if not facially reasonable, was not "reasonable on the particular facts").[66]

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