CACI 4329 Affirmative Defense—Failure to Provide Reasonable Accommodation

4329 Affirmative Defense—Failure to Provide Reasonable Accommodation

[Name of defendant] claims that [name of plaintiff] is not entitled to evict [him/her/nonbinary pronoun] because [name of plaintiff] violated fair housing laws by refusing to provide [[name of defendant]/a member of [name of defendant]’s household] [a] reasonable accommodation[s] for [his/her/nonbinary pronoun] disability as necessary to afford [him/her/nonbinary pronoun] an equal opportunity to use and enjoy [a/an] [specify nature of dwelling or public and common use area at issue, e.g., the apartment building’s mail room].

To establish this defense, [name of defendant] must prove all of the following:

1.That [[name of defendant]/a member of [name of defendant]’s household] has a disability;

2.That [name of plaintiff] knew of, or should have known of, [[name of defendant]/the member of [name of defendant]’s household]’s disability;

3.[That [[name of defendant]/a member of [name of defendant]’s household/an authorized representative of [name of defendant]] requested [an] accommodation[s] on behalf of [himself/herself/nonbinary pronoun/name of defendant] [or] [another household member with a disability]];

4.That [an] accommodation[s] [was/were] necessary to afford [[name of defendant]/a member of [name of defendant]’s household] an equal opportunity to use and enjoy the [specify nature of dwelling or public and common use area at issue, e.g., the apartment building’s mail room]; and

5.[That [name of plaintiff] failed to provide the reasonable accommodation[s]]

[or]

[That [name of plaintiff] failed to engage in the interactive process to try to accommodate the disability].

Secondary Sources