Dfeh

A landlord decided to remove its apartment building from the rental market. In response to the required removal notices under state and local law one of the tenants asserted she was disabled and thus wished to have the usual 120-day period for finding alternate housing extended to a year as provided in state and local law for soon to be displaced disabled tenants. The landlord requested confirmation of the tenant’s disability to learn whether it was a qualifying disability within the meaning of the applicable statutes. The tenant believed it would constitute a violation of her right of privacy to divulge such information and accordingly did not supply detailed information regarding her disability to the satisfaction of the landlord. The landlord ultimately had the tenant removed through an action for unlawful detainer. The Department of Fair Employment and Housing (DFEH) brought suit against the landlord for disability discrimination. The landlord moved to strike portions of the complaint as a “SLAPP” (strategic lawsuit against public participation). The trial court denied the landlord’s motion, finding the gravamen of the complaint was for disability discrimination and…