Hayer

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JULIA HAYER, Case No. 22-cv-05420-VC

Plaintiff,

ORDER DENYING CROSS MOTIONS

v. FOR SUMMARY JUDGMENT

ALEX LIVERANT, Re: Dkt. Nos. 97, 121 Defendant.

Hayer filed a motion for partial summary judgment arguing she is entitled to judgment on her failure to accommodate, retaliation, and disparate treatment claims. Liverant filed his own motion for summary judgment asserting he is entitled to judgment on all claims. Both party’s motions are denied. This order assumes familiarity with the facts, the parties’ arguments, and the legal standards. Failure to Accommodate. Under the Fair Housing Act, a plaintiff can prevail on a reasonable accommodation claim by showing that: (1) the plaintiff is disabled within the meaning of 42 U.S.C. § 3602(h); (2) the defendant knew or should reasonably be expected to know of the disability; (3) accommodation of the disability may be necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; (4) the accommodation is reasonable; and (5) the defendant refused to make the requested accommodation.…