Department of Fair Employment and Housing v. Timothy S. Chen, Timothy S. Chen Trust
Published: Oct. 20, 2017 | Result Date: Jun. 30, 2017 | Filing Date: Jan. 7, 2016 |Case number: 16CV289823 Settlement – $40,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Denise Y. Levey
( Department of Fair Employment & Housing)
Defendant
Ian A. Fraser-Thomson
(Cesari, Werner & Moriarty)
Facts
The California Department of Fair Employment and Housing filed a disability discrimination lawsuit against the owners of an apartment complex in San Jose on behalf of a mother and daughter with disabilities.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the mother and daughter tenants made requests for a reasonable accommodation to keep an emotional support animal but that defendants refused their requests and retaliated against them by terminating their tenancy.
DEFENDANTS' CONTENTIONS: Defendants contended that they denied the requests because the tenants did not need the dog to survive.
Result
Defendants settled with DFEH for $40,000. They will also develop anti-discrimination policies and undergo annual fair housing training for three years.
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