WHY THIS DECISION MATTERS FOR APARTMENT OWNERS & LANDLORDS While the HUD Notice has been withdrawn, Judge Vance’s ruling remains intact and provides a useful roadmap for analyzing requests for ESA requests because it: Clarifies the Law: It confirms that the analysis of a fee waiver request doesn’t end with a tenant providing an ESA letter. Instead, tenants must demonstrate that waiving the fee is indispensable and essential to alleviating the effects of their disability and reasonable under the circumstances. Provides a Framework for Assessment: The ruling gives landlords specific factors to consider when evaluating whether a request is reasonable and necessary. Recognizes Alternative Accommodations: The court noted that alternative accommodations, such as allowing the tenant to pay the fee in installments, can be a reasonable and effective solution. Ultimately, the court found that the plaintiff in this case failed to prove she needed the waiver, especially since she could afford the fee. This decision is a powerful reminder that while landlords must provide reasonable accommodations, these requests are not automatically required, and each case must be evaluated on its own merits
LIZ ROUSSEL Partner and Litigation Practice Group Leader
Adams & Reese (504) 585-0445 elizabeth.roussel@arlaw.com
Liz Roussel is a Litigation Practice Group Leader at Adams & Reese and a longtime Partner in the national law firm’s New Orleans office. Liz is ranked Band 3 in Labor & Employment Law in Louisiana by Chambers USA and she has been recognized by Best Lawyers® on multiple occasions. Liz focuses her practice on advising employers and managers of businesses and defending their interests in litigation. Liz has represented a wide variety of clients including energy and oil and gas companies, real estate owners, healthcare organizations, financial institutions, Fortune 500 companies, among others.
LUKE LAHAYE Associate
Adams & Reese (202) 478-1218 luke.lahaye@arlaw.com
Luke LaHaye is a member of the Adams & Reese Litigation Practice Group and an attorney in the national law firm’s DC office. Luke has a diverse practice that focuses on litigation as well as regulatory and compliance counseling. In his litigation practice, he represents clients in a variety of areas, predominately commercial litigation and labor and employment. His regulatory and compliance practice spans from advising clients on customs and international trade issues to counseling financial institutions and service providers regarding compliance with federal and state consumer protection statutes and regulations.
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