Judge Michael A. Telesca
The Carpenters charged their homeowners’ association, nine HOA board members and Realty Performance Group Inc. with disability bias violating the Fair Housing Act (FHA) and Title VIII of the Civil Rights Act. Partly granting defendants summary judgment, the court found material fact issues on the Carpenters’ retaliation claims against Realty, the HOA, and six individual defendants involved in decisions relating to initial denial—and delayed approval—of a variance so the Carpenters could install a concrete pad allowing better access to their home. The Carpenters did not show that the requested accommodation over disabled guest parking was necessary to their property’s use and enjoyment. The record showed that three of the nine HOA board members did not take part in decisions concerning the concrete pad. In rejecting Realty’s argument that it could not be held liable under the FHA—because as property manager it merely acted as the HOA’s agent, and thus lacked a duty to the Carpenters—the court found fact issues existed whether Realty denied the variance request and decided to hire an architectural engineer, effectively denying the request, in retaliation for the Carpenters’ lawsuit.