“A person is handicapped under the FHA if he or she: (1) has a physical or mental disorder that substantially limits one or more major life activities; (2) has a record of having such an impairment; or (3) is regarded as having such an impairment. 42 U.S.C. § 3602(h). Alcoholism and drug addiction are typically considered impairments under the definition of disability set forth in the FHA.

In their motion to dismiss, the individually named University defendants argued that the complaint should be dismissed based on qualified immunity because the law was not clearly established that the Fair Housing Act applied to student housing. The district court squarely rejected this argument, relying on both the clear language of the statute, specifically 42 U.S.C. 3602(b) and (c), as well as HUD’s 1989 regulations, which defined “dwelling” to include dormitory rooms. The United States alleges that the aggrieved individuals, two former students (a couple), were denied the right to keep their assistance animal in their university apartment.

Under the FHA, a civil action or administrative proceeding may be filed by an “aggrieved person.” 42 U.SC. §§ 3602, 3610, 3613. An “aggrieved person” can include someone who “believes … [she] will be injured” by an FHA violation “that is about to occur.”

In 1988, Congress amended the FHA, and expanded coverage of the statutory scheme to those with handicaps, including those persons who have “a physical or mental impairment which substantially limits one or more of such person’s major life activities, a record of having such an impairment, or being regarded as having such an impairment.” 42 U.S.C. § 3602(h). Congress had defined handicapped persons as including those “individuals who have recovered from” an addiction or “are participating in a treatment program or self-help group such as Narcotics Anonymous…Depriving such individuals housing, or evicting them, would constitute irrational discrimination that may seriously jeopardize their continued recovery.”

o associations when considering ESA requests.Those are the following:The Law (As laid out by the court in the case)The Fair Housing Act (“FHA”) makes it unlawful:“to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of (A) that buyer or renter, (B) a person residing in or intending to reside in that dwelling after it is sold, renter, or made available; or (C) any person associated with that buyer or renter.”42 U.S.C. § 3604(f)(1). Discrimination includes:“a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling[.]”42 U.S.C. § 3604(f)(3)(B). “Handicap” means“(1) a physical or mental impairment which substantially limits one or more of such persons major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment[.]”42 U.S.C. § 3602(h).The United States may bring an action against “any person or group of persons” that has “engaged in a pattern or practice of resistance to the full enjoyment of any of the rights” or denied “any group of persons” “any of the rights granted by” the Fair Housing Act. 42 U.S.C. § 3614(a). Neither the Supreme Court nor the Third Circuit has addressed the meaning of the term “pattern or practice” as found in the FHA. Nonetheless, it is clear that Congress passed the FHA in order to deter discrimination against protected classes, including people with disabilities. 431 East Palisade Avenue Real Estate, LLC v. City of Englewood, 977 F.3d 277, 283 (3d Cir. 2020). The FHA was “intended by Congress to have ‘broad remedial intent.’ ” Alexander v. Riga, 208 F.3d 419, 425 (3d Cir. 2005) citing Havens Realty v. Coleman, 455 U.S. 363, 380 (1982).In 2013, the Department of Housing and Development (“HUD”) issued guidance on assistance animals.The 2013 Guidance states that the FHA does not require that

ignated for separate ownership or occupancy shown on a recorded subdivision plat for a development or the boundaries of which are described in the declaration or in a recorded instrument referred to or expressly contemplated by the declaration, other than a common area, and (ii) a unit in a condominium association or a unit in a real estate cooperative.[2] References to such organizations are not endorsements and names are being provided for informational purposes only.[3] References to such sources are not endorsements and names are being provided for informational purposes only.[4] “Familial status” means one or more individuals who are under 18 years old and who live with (i) a parent or any other person who has legal custody of the individual(s) or (ii) any person whom the parent or the person with legal custody have designated in writing, and also includes any person who is pregnant or who is in the process of securing legal custody of an individual who is under 18 years old. See 42 U.S.C. §3602(k); See Va. Code § 36-96.1:1.[View source.]

All tenants in “covered dwellings” are protected by Section 4024, regardless of whether the particular tenant receives federal assistance or is eligible for other COVID-19-related relief.A “dwelling” is “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families[.]” (Fair Housing Act; 42 U.S.C. 3602(b)). A “covered dwelling” is one that:(A) is occupied by a tenant—(i) pursuant to a residential lease; or(ii) without a lease or with a lease terminable under state law; and(B) is on or in a covered property.A “covered property” is one that:(A) Participates in a covered housing program as defined in section 41411(a) of the Violence Against Women Act (VAWA) of 1994 (34 U.S.C. 12491(a; or the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 14904); or(B) A property that has a federally backed mortgage loan; or federally backed multifamily mortgage loan.The term “federally backed mortgage loan” includes any loan (other than temporary financing such as a construction loan) that:(A) is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from one to four families, including any such secured loan, the proceeds of which are used to prepay or

[6] The term “covered dwelling” means a dwelling that (A) is occupied by a tenant (i) pursuant to a residential lease; or (ii) without a lease or with a lease terminable under State law; and (B) is on or in a covered property. The term “dwelling” (A) has the meaning given the term in 42 U.S.C. 3602; and (B) includes houses and dwellings described in 42 U.S.C. 3603(b). The term “covered property” means any property that (A) participates in (i) a covered housing program (as defined in 34 U.S.C. 12491(a)); or (ii) the rural housing voucher program under 42 U.S.C. 1490r; or (B) has a (i) Federally backed mortgage loan; or (ii) Federally backed multifamily mortgage loan.[View source.]