Gabriel Roman v. Jefferson at Hollywood Lp

Good Law
495 F. App'x 804
United States Court of Appeals for the Ninth CircuitOctober 30, 201211-56168California614 words

Opinion

Opinion

MEMORANDUM

Appellant appeals the district court’s dismissal of his federal Fair Housing Act (FHA) claims against Appellees, the owners of Jefferson at Hollywood Apartments. The parties are familiar with the facts underlying the appeal and thus we do not state them here. We have jurisdiction under 28 U.S.C. §§ 1331 and 1291. We affirm.

The district court properly concluded that Appellant failed to state a claim under the FHA. To show reasonable accommodation discrimination, a plaintiff is required to show that: (1) he suffers a “handicap” as defined by the FHA; (2) defendants knew or should have known of plaintiffs handicap; (3) accommodation “may be necessary” to afford the plaintiff “an equal opportunity to use and enjoy the dwelling”; and (4) defendants refused to make such an accommodation. 42 U.S.C. § 3604 (f)(3)(B); Giebeler v. M & B As socs., 343 F.3d 1143 , 1147 (9th Cir.2003).

Appellant alleged that he suffers from depression and anxiety and that Ap-pellees were aware of his condition. But Appellant failed to allege anything showing that Appellees’ waiver of a $75 monthly storage fee was necessary for Appellant’s use and enjoyment of his two-bedroom Section 8 apartment,…

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