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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If the landlord had met its own responsibilities under the Fair Housing Act, the landlord's argument might have force, even in light of the generalized initial showing the tenant ordinarily may make under an RA or ADA formulation. But there is evidence from which a reasonable jury could find that the landlord had failed to do so. As we explained earlier, citing an abundance of case law,[67] the February 20, 2002 letter from tenant's counsel requesting a "reasonable accommodation" supplied enough detail to trigger an obligation of the landlord to open a dialogue with the tenant, through counsel, to determine more specifically what was desired. The record also shows that the landlord's counsel conceded before trial that he had learned, in particular, of the tenant's desire for a stay, as well as about her counsel's proffered cleaning of the apartment by the D.C. government and the further proffer that the government would keep the apartment clean  failing which, eviction would be conceded. Finally, there is evidence that would allow a reasonable jury to find that the landlord had chosen to reject the tenant's proposal out of hand, regardless of any implementing details. In sum, there is evidence sufficient for jury to find that (1) the landlord defaulted on its legal obligation to engage the tenant in a discussion of her request for a reasonable accommodation, and that (2) the landlord *1137 refused to grant the requested accommodation, which the landlord clearly understood and which, if implemented, would have cured the tenant's default and prevented it from recurring.

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