Giebeler v. M&B Associates
United States Court of Appeals for the Ninth Circuit
343 F.3d 1143 (2003)
- Written by Darius Dehghan, JD
Facts
John Giebeler (plaintiff) suffered from AIDS and was unable to work due to his illness. John sought to move to an apartment at Park Branham Apartments (Park), a rental property owned by M&B Associates (M&B) (defendant). John was informed that he did not qualify for tenancy at Park because he did not meet the minimum income requirement. Afterward, John asked his mother, Anne Giebeler, to assist him in renting an apartment at Park. Anne met Park’s minimum income requirement and agreed to serve as a cosigner on John’s lease agreement. But M&B had a policy prohibiting cosigners on lease agreements. M&B thus refused to rent to John. Later, John’s counsel submitted an accommodation request to M&B, requesting that M&B allow Anne to cosign for John. Without Anne serving as a cosigner, John could not satisfy Park’s minimum income requirement and hence could not live at Park. Moreover, the requested accommodation did not require M&B to accept less rent from John. Nonetheless, M&B denied the request for accommodation. Subsequently, John filed suit, contending that M&B violated the Fair Housing Act (FHA). The district court granted summary judgment for M&B. John appealed.
Rule of Law
Issue
Holding and Reasoning (Berzon, J.)
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