Hunt v. Aimco Props., L.P.

Decision Date18 February 2016
Docket NumberNo. 14–14085.,14–14085.
Citation814 F.3d 1213
Parties Dyan HUNT, individually and as parent and guardian for Karl Hunt, Plaintiff–Appellant, v. AIMCO PROPERTIES, L.P., Defendant–Appellee.
CourtU.S. Court of Appeals — Eleventh Circuit

Matthew W. Dietz, Rachel Laura Goldstein, Disability Independence Group, Miami, FL, for PlaintiffAppellant.

Scott M. Badami, William Christian Moffitt, Fox Rothschild, LLP, Blue Bell, PA, L. Jason Cornell, Fox Rothschild, LLP, West Palm Beach, FL, for DefendantAppellee.

Before MARCUS, WILLIAM PRYOR and JILL PRYOR, Circuit Judges.

JILL PRYOR

, Circuit Judge:

Dyan Hunt lives with her son, Karl Hunt, who was born with Down Syndrome

. They reside in the Reflections apartment complex, which was owned by Aimco Properties ("Aimco") when this lawsuit was first filed. Dyan sued Aimco, for herself and on behalf of Karl as his parent and guardian (collectively "the Hunts"), alleging that Aimco threatened her and her son with eviction and non-renewal of their lease purportedly because Karl had harassed and made threats to members of the apartment complex's staff. The Hunts alleged that Aimco violated the Fair Housing Act, 42 U.S.C. § 3604

, by denying or making unavailable to them their apartment because of Karl's disability; discriminating in the terms, conditions, or privileges of the apartment rental because of Karl's disability; and failing to reasonably accommodate Karl's disability. The district court granted Aimco's motion to dismiss the complaint, and the Hunts appealed. After careful consideration of the parties' briefs, and with the benefit of oral argument, we reverse and remand for further proceedings.

I. BACKGROUND
A. Federal Law Prohibiting Discrimination in Housing Based on Disability

Originally Title VIII of the Civil Rights Act of 1968, the Fair Housing Act prohibited discrimination in housing on the basis of race, color, religion, national origin, and, later, gender. See Pub.L. No. 90–284, 82 Stat. 81 (1968); Pub.L. No. 93–383, 88 Stat. 729 (1974).

The Fair Housing Amendments Act of 1988 amended the Fair Housing Act (as amended, the "FHA") to bar housing discrimination based on disability. See Pub.L. No. 100–430, 102 Stat. 1619 (1988) (codified at 42 U.S.C. § 3604(f) ). In relevant part, section 3604(f) makes it unlawful:

(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of ... that buyer or renter ... [or] any person associated with that buyer or renter.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of ... that person ... [or] any person associated with that person.

42 U.S.C. § 3604(f)(1)(2)

.1 Under section 3604(f), "discrimination includes," among other things,

a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling[.]

Id. § 3604(f)(3)(B)

.

With these statutory elements in mind, we review the Hunts' allegations.2

B. Factual Background

Dyan and Karl Hunt have lived in the Reflections apartment complex in West Palm Beach, Florida since November 2006. Aimco owned and managed Reflections at the time of the events in question, August and September 2012. Karl, who was 21 years old at that time, was born with Down Syndrome

. His intellectual disability causes him to "act[ ] like a child that is seven years old." Second Am. Compl. ¶ 6, Doc. 21.3

On August 13, 2012, the Hunts received from Aimco a Notice of Required Notice to Vacate informing them that their 12–month lease was due to expire on November 19, 2012. The notice invited them to renew their lease, adding that Aimco would "gladly discuss flexible renewal options." Id. ¶ 13.

On August 30, 2012, Dyan discovered that her son "was being used as a maintenance person" by the Reflections staff and had been cleaning the bathroom of the complex's clubhouse. Id. ¶ 15. Karl appeared upset; Dyan believed that the apartment community manager, Anne–Valery Jackson, had chastised him for stealing toilet paper. Later that day, Dyan called Ms. Jackson, who claimed that on August 25, 2012, Karl had drawn on a map of the property and, when asked what he was doing, had informed Ms. Jackson that he was going to sacrifice her and another Reflections employee and then trap all the residents in their apartments and set the property on fire. Dyan advised Ms. Jackson that Karl was describing an episode of a Japanese anime television series that he watched and that he did not mean any harm. Ms. Jackson warned Dyan that "words like that ‘should not come out in a joking manner.’ " Id. ¶ 18. Ms. Jackson told Dyan that the Reflections office staff had called Aimco's corporate office because they did not feel safe working at the office and that Aimco's legal department was now involved.

The next morning, Ms. Jackson and Palm Beach County Sheriff Deputy Josh Kushel appeared at the Hunts' apartment and asked to speak with Karl. The officer talked to Karl about the perceived threats toward the office staff, which Karl denied. Dyan explained again that Karl was not a threat, that "he has a speech impediment that causes him to speak without properly explaining himself," and that he was merely describing a cartoon that he watched regularly. Id. ¶ 24. Deputy Kushel then warned Karl that if he went in or around the community clubhouse or the office, he would be arrested. Fifteen minutes after the police left, Dyan called Ms. Jackson "crying and said she and Karl are very sorry and she is looking at finding him a place/organization that will have him for the day while she is at work to avoid any more situations." Id. ¶ 26. Aimco ignored Dyan's "explanations of Karl's activities or motivations" and failed to consider her request for a reasonable accommodation. Id. ¶ 84.

That same day, Aimco decided not to renew the Hunts' lease based on its attorney's instructions. Ms. Jackson posted on their door a Seven Day Notice of Noncompliance with Opportunity to Cure, stating that Dyan had violated the terms of her lease due to her son's actions, including: (1) aggressive and confrontational language and actions; (2) harassing management employees; (3) using obscenities, vulgar, profane, cursing, insulting, belligerent or threatening language or behavior towards management employees in and/or around the office; (4) threatening management employees and/or acting in a threatening manner; and (5) stealing numerous rolls of toilet paper from the restrooms.

On September 12, 2012, Ms. Jackson posted on the Hunts' door a Notice of Non–Renewal, which stated that the Hunts would be required to vacate on or before November 19, 2012, the date the current lease expired. Dyan packed up the apartment and sold some furniture and personal property. She paid for several background checks for rental applications and a rental agent to assist her with a move. Karl became afraid of the police and terrified to leave the apartment, believing he would be arrested, after the warning from Deputy Kushel.

On October 12, 2012, the Hunts filed a complaint with the Palm Beach County Office of Equal Opportunity.4 On November 29, 2012, before the Hunts vacated, a new management company took over ownership and operation of Reflections and, after an investigation, determined that Karl was not a threat and allowed the Hunts to remain in their apartment.

The Hunts thereafter filed a complaint in federal district court, alleging that under the FHA Aimco unlawfully: (1) denied or made a dwelling unavailable for rental, in violation of 42 U.S.C. § 3604(f)(1) and (2)

discriminated in terms and conditions of housing, in violation of 42 U.S.C. § 3604(f)(2). Aimco moved to dismiss the complaint for failure to state a claim. After the district court granted Aimco's motion to dismiss without prejudice, the Hunts filed an Amended Complaint and later a Second Amended Complaint. Both the Amended Complaint and the Second Amended Complaint (now the operative complaint)5 further alleged that Aimco unlawfully failed to reasonably accommodate Karl's disability, in violation of 42 U.S.C. § 3604(f)(3).

Aimco again moved to dismiss, and the district court granted the motion with prejudice. The Hunts now appeal the dismissal of their claims.

II. DISCUSSION
A. Mootness

As a preliminary matter, we note that this case is not moot despite the fact that the Hunts ultimately were allowed to remain in their apartment. Although Aimco did not argue mootness in its briefing, "[i]t is incumbent upon this court to consider issues of mootness sua sponte and, absent an applicable exception to the mootness doctrine, to dismiss any appeal that no longer presents a viable case or controversy." Pac. Ins. Co. v. Gen. Dev. Corp., 28 F.3d 1093, 1096 (11th Cir.1994)

. "A case is moot when it no longer presents a live controversy with respect to which the court can give meaningful relief." Ethredge v. Hail, 996 F.2d 1173, 1175 (11th Cir.1993). Had the Hunts requested only injunctive relief to prevent eviction, their case would be moot. See Adler v. Duval Cty. Sch. Bd., 112 F.3d 1475, 1477 (11th Cir.1997) ("When the threat of future harm dissipates, the plaintiff's claims for equitable relief become moot because the plaintiff no longer needs protection from future injury."). But the Hunts also sought compensatory and punitive damages in all three counts of their complaint. Thus, the controversy as to money damages remains live, and we may hear this appeal. See id. at 1478

(holding that, although high school students' Establishment Clause claims were mooted by their graduation, "[b]ecause the [students'] claim for money damages does not depend on any threat of future harm, this claim remains a live controversy"); Harris v. Itzhaki, 183 F.3d 1043, 1050 (9th Cir.1999) (concluding that a plaintiff...

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