FEHC

Under the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.; subsequent unspecified statutory references are to the Government Code), it is an unlawful practice to refuse “to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.” (§§ 12927, subd. (c)(1), 12955.)

In this case, real parties in interest Jayne and Abdelfatah “Ed” Elebiari sought permission from their condominium development and condominium association, Auburn Woods I Homeowners Association and Auburn Woods I Condominium Development (jointly referred to as Auburn Woods), to keep a small dog. The Elebiaris suffer from severe depression and found that taking care of a dog alleviated their symptoms and enabled them to function more productively. The association refused their request, leading the Elebiaris to file a claim with the Fair Employment and Housing Commission (the FEHC or the Commission), which found in favor of the Elebiaris. Auburn Woods then filed a petition for administrative writ of mandate (Code Civ. Proc., § 1094.5) to overturn the…