Salehi v. Lakeview Terrace Homeowners Association

Background

Hassan Salehi owns a condominium in a development managed by Lakeview Terrace Homeowners Association. The Association’s governing documents assign each condominium owner a reserved parking space and give the Association responsibility for maintaining common areas and parking areas.

Salehi alleged that he had knee surgery in June 2021, had limited mobility, walked with a cane, and had a handicap parking placard issued by the California Department of Motor Vehicles. He said that uneven ground between his assigned space and his building made it unsafe for him to use that space. Four unreserved spaces in front of his building did not require crossing the grassy strip, but Salehi alleged that they were usually full.

Salehi asked the Association to assign him one of those spaces as a disability accommodation. The Association’s property manager told him to provide contractor information and complete an architectural application, and said that the homeowner would be responsible for the groundwork and costs. After Salehi’s counsel objected, the Association’s counsel stated that the Association had agreed to grant a parking accommodation but disputed whether Salehi had to provide information or pay costs. Salehi alleged that the Association still had not granted the requested accommodation.

Motion to Dismiss

The Association moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Salehi had not stated a claim because the Association had not denied his request and the parties had not completed their discussions.

The court denied the motion as to Salehi’s claim under the Fair Housing Amendments Act. That law prohibits disability discrimination in the terms, conditions, or privileges of housing and includes refusing a reasonable accommodation necessary to give a person with a disability an equal opportunity to use and enjoy a dwelling. The court found that Salehi had alleged enough facts at the pleading stage to show his disability, the Association’s knowledge of it, and that moving his parking space could be reasonable and necessary. The court also concluded that the alleged delay and failure to grant the request were enough, at this stage, to show that the Association had denied the accommodation.

The court also denied the motion to dismiss Salehi’s claim under California’s Unruh Act. The Association’s argument on that claim was that Salehi had not alleged that it was a business establishment. The court held that a condominium association is a business establishment for purposes of that law.

Preliminary Injunction

Salehi asked for a preliminary injunction, an order issued before final judgment to preserve rights while the case continues. The court considered whether he showed likely success on the merits or serious questions, likely irreparable harm, a favorable balance of hardships, and that the injunction would serve the public interest.

The court concluded that Salehi met those requirements. It found that his limited mobility and difficulty walking on uneven surfaces supported a likelihood of irreparable injury, that additional delay would prejudice him, and that the Association and its members would not lose a parking space because Salehi was willing to give up his assigned space. The court also stated that it would not require permanent physical changes to the requested space and would not require Salehi to post a bond.

The court granted, in part, Salehi’s motion for a preliminary injunction. Until further order, the Association and its officers, agents, and participants were required to make the parking space marked “B” in the order’s appendix available for Salehi’s exclusive use. Salehi’s currently assigned space was to become an unreserved space available on a first-come, first-served basis.

Other Orders

The court referred the parties to a randomly assigned magistrate judge for an early settlement conference, if possible by October 31, 2022. It ordered the Association to answer the First Amended Complaint by August 12, 2022, and set an initial case management conference for September 9, 2022, with a joint statement due September 2, 2022.