Bhogaita v. Altamonte Heights Condominium Ass'n, Inc.
Altamonte Springs · federal · United States Court of Appeals for the Eleventh Circuit
Member win · fair-housing
What happened
Air Force veteran Ajit Bhogaita, living with PTSD at Altamonte Heights Condominium in Altamonte Springs, kept an emotional support dog over the association's 25-pound limit. He submitted medical documentation; the association enforced the weight rule with removal demands and escalating information requests. After HUD/Florida Commission proceedings and suit, a jury found Fair Housing Act and Florida fair-housing violations ($5,000 damages); the district court awarded over $100,000 in attorneys' fees. The Eleventh Circuit affirmed liability and fees, holding indeterminate delay and escalating demands can be a constructive denial of a reasonable accommodation.
What the court (or agency) held
The Eleventh Circuit affirmed a jury verdict that the condominium association violated the federal Fair Housing Act and Florida's fair-housing statute by enforcing a pet-weight rule and demanding removal of an emotional support dog after a PTSD-related accommodation request. Indeterminate delay and escalating information demands can amount to a constructive denial of a reasonable accommodation. The court also affirmed substantial attorneys' fees (over $100,000) on top of $5,000 in damages.
Why this matters for members
Reasonable-accommodation duties require timely, interactive responses. Endless information demands and delayed decisions while threatening removal can be treated as a denial—with fee exposure far exceeding damages.
What the member did
Submitted medical documentation for an ESA accommodation; filed HUD and Florida Commission complaints; litigated FHA and state fair-housing claims through trial.
Questions for the board
- What is our written process and timeline for disability-related pet accommodation requests?
- Are we requesting only information reasonably needed to evaluate the accommodation?
- Do weight limits get enforced against documented assistance/emotional support animals?
Questions for a lawyer
- Did the association's delay or information demands amount to a constructive denial?
- What medical documentation is sufficient versus excessive under FHA guidance?
- What damages and fee exposure arise from FHA and state fair-housing claims?
Citation
Bhogaita v. Altamonte Heights Condominium Ass'n, Inc., 765 F.3d 1277 (11th Cir. 2014); Nos. 13-12625 & 13-13914 (2014-08-27). United States Court of Appeals for the Eleventh Circuit. Outcome chip: member_win. Source: https://media.ca11.uscourts.gov/opinions/pub/files/201312625.pdf
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.