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1B. Practical Application of the Reasonable Accommodation Defense in Evictions

Failure to provide a reasonable accommodation (RA) is discrimination and an affirmative defense to an eviction action. This workshop will explore practical applications of the RA defense in unlawful detainer litigation including strategies that address the appropriate use of medical records, when to request a jury trial, and working with clients who do not identify as experiencing a disability. Panelists will also provide tips for trial such as the use of motions in limine. Sample trial documents will be included in the materials. Throughout the workshop, we will encourage participants to share their approaches to the RA defense.

01 RA Defense in Evictions Presentation
02 Chart Comparing Federal and California Law
03 Bhogaita v. Altamont Heights Condominium Association
04 CA Apartment Association Statement on RA
05 DOJ.HUD Joint Statement
06 Jury Instructions Proposed and Adopted
07 Leave to Amend - Include RA Defense
08 Trial Brief - Reasonable Accommodation Timing Redacted
09 Motion In Limine- Disability Defense Redacted
10 Motion for Continuance Redacted

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