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 my opinion, the Act is wrenched from its moorings as an instrument of justice if the court accepts, as it apparently does, the premise on which this action is founded, namely, that a tenant's alleged mental illness requires the toleration, for an indefinite period, of conduct detrimental to the well-being of others. See generally Jennifer L. Dolak, Note, The FHAA's Reasonable Accommodation & Direct Threat Provisions as Applied to Disabled Individuals Who Become, Disruptive, Abusive, or Destructive to Their Housing Environment, 36 IND. L. REV. 759 (2003) (hereinafter "Reasonable Accommodation & Direct Threat)." Traditionally, in the landlord-tenant context, the Act has provided protection to applicants for tenancy and tenants who have done no harm to the landlord or to other tenants, and who have suffered invidious discrimination (or who, in some cases, have been denied a reasonable accommodation not detrimental to the well-being of other persons) on grounds prohibited by the Act. Here, we are being asked to uphold the perceived prerogatives of a tenant who has imperiled the health and safety of her fellow-tenants and undermined their quality of life. Where, as in this case, the party seeking an accommodation has already inflicted harm upon innocent third parties for a significant period of time, any accommodation that will inevitably further prolong the existence of this harm is, in my opinion, presumptively unreasonable as a matter of law. See Andover Hous. Auth., 820 N.E.2d at 825 ("reject[ing] the idea that [where tenants have failed to conform their conduct to the lease], indefinite requests for more time to address a disabling condition are reasonable") (citation and internal quotation marks omitted).

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