Hernando 515 v. Simmons

(Fla. 5th Cir. Ct. 2000)

SLC defended a tenant with mental illness in an eviction action filed by the owner of a privately owned, but federally subsidized, housing complex for the elderly and persons with disabilities. The tenant’s sole source of income was his Social Security disability payment. If evicted, it was unlikely he would find other housing. The eviction action alleged lease violations for behaviors that were directly related to his mental illness. We requested, as a “reasonable accommodation” under the Fair Housing Act, that the owner suspend the eviction to allow time for our client to seek and receive additional treatment for his mental illness, but the management did not respond. We settled for damages and dismissal of the eviction action.