Conditioned Approval of New Garage Was Constructive Denial

November 14, 2013
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Facts: In order to use his new motorized wheelchair, a disabled homeowner in a planned community modified his car to transport the wheelchair. Because of the modification, the car no longer fit in the owner’s garage. He asked the architectural review board to approve plans for a larger detached garage that he wanted to build on his property. The board denied the request. The owner resubmitted the request, making it clear that he was asking for a reasonable accommodation under the Fair Housing Act (FHA).

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