Gricely Rosa v. Lawrence Housing Authority, et al.
SocialSecurity Securities JusticiabilityDoctri
Is a public housing agency required to alter its policies and procedures to accommodate the handicapped under the Fair Housing Amendments Act and the Americans with Disabilities Act, or does the denial of an applicant's request for a reasonable accommodation become justiciable?
QUESTION PRESENTED Language of both the Fair Housing Amendments Act of 1988 (FHAA)? and the Americans with Disabilities Act of 1990 (ADA)3 is rooted in the Rehabilitation Act of 1973.4 Section 504 of the Rehabilitation Act (§ 504) prohibiting discrimination against handicapped individuals in any program or activity that receives federal funding-this includes federally assisted housing programs; require to accommodate disabled known physical or mental limitations of an otherwise, qualified individual with a disability.” see also 42 U.S.C. § 12112(a), when "such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604 (£) (3) (B). The question presented is: . Is to what extent a public housing agency must alter its policies and procedures to accommodate the handicapped 42 U.S. Code §12102, or does the denial of an applicant’s request for a reasonable accommodation becomes justiciable? Whom is subject to consideration of reasonable accommodation [24 CFR 982.552 (2) (iv)]. . : fg ii TABLE OF CONTENT