Kahli 3d torrent

It is undisputed that Kahli is disabled, that the Josephinium had notice of her disabilities, that a 30 percent restricted unit was available, and that the Josephinium had permitted tenants to transfer in the past. It is also undisputed that the Josephinium refused Kahli's request for transfer solely because of her failure to maintain her current unit in acceptable condition, and that her failure to do so resulted from her mental and physical disabilities.

Her chore worker moved away in , however, and her apartment quickly fell into an unacceptable condition. The evidence showed that Kahli's unit was filthy, debris-filled, infested with pests, and damaged by pets.

The Josephinium provides its tenants with assistance from volunteer chore workers, but declined to provide assistance to Kahli on grounds her apartment posed a health hazard to the volunteer. The Josephinium's services coordinator made efforts to assist Kahli by trying to help her arrange for a new state-paid chore worker and by arranging for cleaning assistance from volunteer crews. Beginning in January , the Josephinium made six attempts to fumigate Kahli's unit.

Kahli did not cooperate with efforts to arrange for a new state chore worker and, on each occasion that fumigation or cleaning was scheduled, she refused to permit the workers to enter.

Finally, in October , Kahli requested that the Josephinium send a cleaning crew to her unit. But Kahli apparently becomes overwhelmed by the presence of people in her apartment, and when the crew arrived, she refused them access. The Josephinium made no further attempt to provide services for Kahli. In November, the new lease was executed.

The Josephinium did not respond to subsequent communications from Kahli. In March, , a health inspector issued a citation to Kahli for the condition of her unit. When he reinspected in April, he found a "great improvement. The Josephinium's manager expected the same damage to occur in a new unit, and Kahli's counselor agreed that the condition of her unit would likely "revert unless there were enough external structures set in place. The Josephinium explained that redesignating Kahli's unit from a 60 percent unit to a 30 percent unit was infeasible for several reasons.

First, the designation of rent percentages was derived by square footage, with the 60 percent apartments being the largest. Kahli's unit occupied a corner and offered a view.

In addition, the Josephinium's financial witness testified that redesignation would set a precedent and create an "absolutely detrimental" effect on the long-term financial health of the building. The trial court found that the Josephinium's justifications for refusing to transfer Kahli or redesignate her unit were legitimate and nonpretextual, and that the Josephinium had fulfilled its duty of reasonable accommodation by its offers of services to Kahli.

Ultimately, the court ruled that Kahli failed to link the Josephinium's termination of her tenancy to her disabilities. The evidence supports the court's findings. A landlord is not required to incur significant expense or fundamentally alter its programs to accommodate a disability.

At the Josephinium, however, services were available, and Kahli could request such services as an accommodation. The services were amply offered. The court did not err in finding the Josephinium had fulfilled its duty of accommodation, and that its reasons for denying Kahli a transfer or redesignation were legitimate and nondiscriminatory. She contends the Josephinium's duty to accommodate her continued to the date of actual eviction, and that the court erred by ignoring events after the notice.

Kahli relies upon Radecki v. Joura, [35] and Roe v. Housing Authority of City of Boulder, [36] but neither case so holds. Radecki concerns the question of knowledge of a disability, not its reasonable accommodation. Further, Kahli's accommodation claim is unusually difficult. For many months, the Josephinium attempted to assist Kahli with her housekeeping.

Those efforts failed, through no fault of the Josephinium. Still, the Josephinium renewed Kahli's lease. Only after she failed to pay her rent did these proceedings begin. We do not address whether efforts to accommodate a disability may be required after an eviction notice in other circumstances; presumably a landlord may not escape an obligation to accommodate merely by serving a notice to vacate. Here, a failure to accommodate could not excuse Kahli's breach if the failure occurred after the breach, so post-notice conduct was irrelevant.

In addition, Kahli's post-notice communications did not propose a plan of requested accommodation, but only requested a meeting to discuss such a plan. The court did not ignore post-notice conduct, but rather found none relevant to Kahli's defense. The court was correct. The trial court did not err in its finding that the Josephinium attempted reasonable accommodation of Kahli's disability, and that Kahli failed to show her eviction resulted from her disability.

The discrimination laws require accommodation of disability, not financial circumstances. The court properly permitted unlawful discrimination to be asserted as a defense to this unlawful detainer action. But the evidence supports the court's findings that no such discrimination occurred. The court therefore properly issued the writ. Tydings, Wash. State, 69 Wash. McLaughlin, Wash. Puget Sound Growth Mgmt.

Hearing Bd. Klickitat County, Wash. California Mobile Home Park Mgmt. Golden Gate Gardens Apartments, F. City of Taylor, F. Samson Mgmt. Ineichen, 54 F. Maple Grove Condominium Ass'n, F. Audio Software icon An illustration of a 3.

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Want more? Advanced embedding details, examples, and help! Full working versions of the Oska deskmates. The company went bankrupt, and the demos floating around no longer work without a server to connect to.

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