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Evans v. UDR, Inc.

644 F. Supp. 2d 675 (2009)

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Evans v. UDR, Inc.

United States District Court for the Eastern District of North Carolina
644 F. Supp. 2d 675 (2009)

DD

Facts

East Coast Solutions, Inc. (East Coast) operated a substance-abuse program called the SEARISE Program (program). As part of the program, East Coast rented a group of apartments at Forest Hills Apartment Homes (Forest Hills). UDR, Inc. (defendant) owned Forest Hills. Robin Evans (plaintiff) sought to participate in the program. Evans was diagnosed with mental disabilities and was recovering from substance abuse. In order to participate in the program, Evans needed to qualify as a tenant at Forest Hills. On her rental application, Evans disclosed that she had a criminal conviction for assault. But UDR had a policy that prohibited renting to a prospective tenant with a criminal conviction. UDR thus refused to accept Evans as a tenant. Later, East Coast submitted an accommodation request to UDR, requesting that UDR allow Evans to reside at Forest Hills despite her criminal conviction. There was evidence indicating that Evans’s criminal conviction was directly related to her mental disabilities. Nonetheless, UDR denied the request for accommodation. Subsequently, Evans brought suit, contending that UDR violated the Fair Housing Act (FHA). UDR filed a motion for summary judgment. The district court took the motion under advisement.

Rule of Law

Issue

Holding and Reasoning (Flanagan, C.J.)

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Casebooks

Housing Law

Key Terms