A federal judge has dismissed a Fair Housing Act lawsuit brought by a tenant who sought to lease two apartments under a single Section 8 housing voucher as a reasonable accommodation for her disability. The plaintiff argued that a separate unit was needed to house a live-in aide and enable her to live independently. She also sought additional services such as trash pickup and mail delivery to her door as part of her requested accommodations.

Background

The plaintiff alleged she was disabled and applied to live at a site using a Housing Choice Voucher. She requested to rent two separate units under a single voucher and lease. She also asked the owner to provide individualized mail delivery and trash collection as disability-related accommodations. The owner denied the request, and she sued under the Fair Housing Amendments Act, arguing that the denial constituted disability-based housing discrimination.

The court disagreed, holding that her requested accommodation was not reasonable because it would impose an undue financial burden by requiring the owner to provide two units for the price of one. The court emphasized that the FHA doesn't require owners to accommodate a tenant’s economic limitations or subsidize additional housing beyond what the voucher covers. The court also rejected her mail and trash-related claims, reasoning that they were moot since she wasn't entitled to reside at the site under her proposed arrangement.

Takeaway

Requests that effectively ask an owner to subsidize additional units beyond what a housing voucher supports are unlikely to qualify as reasonable accommodations under the FHA. Courts have made clear that the duty to accommodate does not extend to relieving tenants of financial limitations or providing additional housing at no cost.

• Michel-Wiggins v. Jes Holdings LLC, May 2025