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YES Associations Can Deny A Request For A Reasonable Accommodation Under The FHA And WIN!!! | Husch Blackwell LLP

Facts Defendant, Acacia on the Green (“Association”), is a 273-unit condominium in Ohio. The Association has a common grilling area because the Association bans grills on patios and balconies because of, among other things, the fire code. Weiss and Phillips, two Unit Owners, wanted grills on their patios: Weiss asked for a grill and demanded a grill repeatedly over a five-year period and was denied. Weiss was then diagnosed with lymphoma, had to undergo chemotherapy, and learned he had an immune deficiency. Weiss took medication for his lymphoma, but did not use a cane or other mobility aid. Despite his ability to walk, Weiss claimed he had episodes when he was only able to walk a few steps within his unit. In 2018 Weiss sent a letter from his doctor to the Association Board which stated:

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