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Re: Here is exactly what they sent me
on July 4, 2012 @05:55
Federal Fair Housing Act, 42 U.S.C. §§ 3601 to 3631
West Virginia Fair Housing Act, W.Va. Code §§ 5-11A-1 to 5-11A-20
The FFHA requires an accommodation only if a person suffers from a “handicap,” which is a physical or mental impairment that substantially limits one or more major life activities, such as the ability to work, walk, talk, see, or hear. 42 U.S.C. § 3602(h); and 29 C.F.R. § 1630.2(i).
Second, only accommodations that are “reasonable” are required. “[S]ome accommodations may not be reasonable under the circumstances[.]” Bronk, 54 F.3d at 429. “The requirement of reasonable accommodation does not entail an obligation to do everything humanly possible to accommodate a disabled person; cost (to the defendant) and benefit (to the plaintiff) merit consideration as well.” Id. (footnote and citations omitted).
Third, the FFHA requires the accommodation to be “necessary.” “[T]he concept of necessity requires at a minimum the showing that the desired accommodation will affirmatively enhance a disabled plaintiff’s quality of life by ameliorating the effects of the disability.” Id. The necessity element “requires the demonstration of a direct linkage between the proposed accommodation and the ‘equal opportunity’ to be provided to the handicapped person. This requirement has attributes of a causation requirement.” Bryant Woods Inn, 124 F.3d at 604. Further, the equal opportunity requirement means that the FFHA “does not require accommodations that increase a benefit to a handicapped person above that provided to a nonhandicapped person with respect to matters unrelated to the handicap.” Id. Finally, “[t]he plaintiff bears the burden of proving each of these . . . elements by a preponderance of the evidence.” Id., 124 F.3d at 604.
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