Caldwell v. Norwalk Housing Authority

This is a case in which our firm, Partner Donn Swift and Associate Ben Gettinger, represent the Norwalk Housing Authority. The claim against the authority was that the plaintiff, a tenant of the authority, had allegedly been discriminated against in regard to her request for a reasonable accommodation. The claim was that Ms. Caldwell should have been accommodated by allowing family to move in to her apartment to assist her in daily living. The claims were brought under the provisions of the Federal Fair Housing laws. The Housing Authority responded by establishing that the denial of the request was made in the best interest of both the tenant as well as others in the building and was done for health and safety reasons.

As part of the case, Donn and Ben filed a Motion for Summary Judgment arguing that under the law the housing authority had acted in a reasonable manner and there was no basis for the claim. They presented both the facts as well as the law to establish that the Housing Authority fully acted within its rights and within the confines of the law in making the decision about the requested accommodation. The housing authority acted out of a concern that the individual, without receiving proper medical care and supervision, posed a threat not only to herself, but also to those around her. Donn and Ben also established that the housing authority acted appropriately and within the bounds of the law in considering the relevant medical evidence and making a fair and just decision.

After hearing argument on the motion the court granted the motion and ruled completely in favor of our clients and upheld all of the arguments set forth by Donn and Ben. As a result, all issues have been resolved in favor of our client.

The attorney for Ms. Caldwell recently filed an appeal and thus a decision will eventually be provided by the Connecticut Appellate Court. Donn and Ben are optimistic that the appeals court will affirm the decision of the trial judge.