[Download] "Dept of Fair Employment & Housing v. 1105 Alta Loma Road Apartments" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Dept of Fair Employment & Housing v. 1105 Alta Loma Road Apartments
- Author : Colorado Supreme Court
- Release Date : January 05, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 94 KB
Description
A landlord decided to remove its apartment building from the rental market. In response to the required removal notices under state and local law one of the tenants asserted she was disabled and thus wished to have the usual 120 day period for finding alternate housing extended to a year as provided in state and local law for soon to be displaced disabled tenants. The landlord requested confirmation of the tenants disability to learn whether it was a qualifying disability within the meaning of the applicable statutes. The tenant believed it would constitute a violation of her right of privacy to divulge such information and accordingly did not supply detailed information regarding her disability to the satisfaction of the landlord. The landlord ultimately had the tenant removed through an action for unlawful detainer. The Department of Fair Employment and Housing (DFEH) brought suit against the landlord for disability discrimination. The landlord moved to strike portions of the complaint as a "SLAPP." The trial court denied the landlords motion, finding the gravamen of the complaint was for disability discrimination and for this reason the suit did not arise out of the landlords petition to governmental authorities and protected communications it made in connection with removing its residential units from the rental market. In the event a reviewing court disagreed, the court made a finding it was unlikely DFEH would prevail on its claim for disability discrimination. We affirm.