THE JUDGE CONCLUDED THAT WHETHER SUCH ACCOMMODATION IS REQUIRED IS A FACT-SPECIFIC, CASE-BY-CASE DETERMINATION.
Judge Vance rejected the argument that landlords must always waive fees for tenants with ESAs. Instead, she concluded that whether such accommodation is required is a fact-specific, case- by-case determination.
Judge Vance recognized that a fee waiver is only necessary if it is indispensable and essential to achieve ameliorative effects of the tenant’s disability.
Whether a fee waiver is reasonable depends on factors such as:
The amount of fees imposed, The relationship between the amount of fees and the overall housing cost, The proportion of other tenants paying such fees, The importance of the fees to the landlord’s overall revenues, and The importance of the fee waiver to the handicapped tenant.
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