Hayer v. Liverant
- Donna Ryu
- 4:22-cv-05420
- U.S. District Court · Northern District of California
- 2
In Hayer v. Liverant, Judge Chhabria granted Hayer’s preliminary injunction, barring eviction or animal removal while the case continues.
Hayer may keep the animal at the premises during the litigation, and Liverant may not require its removal or evict Hayer because of its presence during that period.
What happened
In Hayer v. Liverant, the court considered Hayer’s request to keep her emotional support animal in her home while the lawsuit continues. Liverant did not dispute that the harm, fairness, and public-interest factors favored Hayer.
The court found serious questions about whether Hayer has a disability requiring the animal and whether Liverant effectively denied her housing accommodation through an aggressive interactive process and a 10-day notice to cure or face eviction.
Judge Vince Chhabria ordered that Liverant may not require Hayer to remove the animal or evict her because of the animal’s presence while the litigation is pending.
The detailed version
- Hayer v. Liverant · No. 4:22-cv-05420
- Donna Ryu
- Nov. 22, 2022
Background
Hayer asked the court for a preliminary injunction, which is a temporary order intended to preserve a party’s position while litigation is pending. The dispute concerned whether Hayer could keep an emotional support animal at the premises.
Court’s analysis
The court stated that Liverant did not dispute that the irreparable-harm, balance-of-equities, and public-interest factors favored Hayer. The court therefore said Hayer needed to show only “serious questions” about the merits, which is a lower showing than demonstrating that she was likely to succeed.
The court found that Hayer had shown serious questions about whether she is disabled and needs an emotional support animal to cope with her disability. It also found serious questions about whether Liverant effectively denied the accommodation by handling the required interactive process in an aggressive and overbearing way and by serving Hayer with a 10-day notice to cure or face eviction.
Ruling
The court granted the motion for a preliminary injunction. It enjoined Liverant from requiring Hayer to remove the animal from the premises or evicting Hayer based on the animal’s presence while the litigation is pending. The order did not state a final ruling on the parties’ ultimate rights.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.