Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA
The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association under the Fair Housing Act (FHA) based on the association’s refusal to allow the homeowners to construct a sunroom addition to their home. The homeowners alleged that the sunroom would serve to alleviate some of the problems experienced by their children. The homeowners filed their suit in their individual capacities and as “next friends” of the children. The district court dismissed their personal-capacity claims after finding that the homeowners lacked standing to sue in their individual capacities and granted the association summary judgment on the “next of friend” claim.