Revock v. Cowpet Bay West Condominium Association
federal · United States Court of Appeals for the Third Circuit
MIXED · fair-housing
What happened
Walters and Kromenhoek obtained emotional support animals contrary to Cowpet Bay West's no-dogs rule, submitted medical documentation, faced fines and neighbor hostility, and later received accommodations after board changes. Walters died during the suit. The district court dismissed Walters' claims as abated and granted summary judgment against Kromenhoek. On March 31, 2017, the Third Circuit reversed/vacated those adverse summary dispositions and remanded.
What the court (or agency) held
Fair Housing Act claims survive a plaintiff's death under federal common law (section 1988(a) does not incorporate local abatement rules to kill FHA claims). On the merits, genuine fact disputes precluded summary judgment for the condominium association on whether it refused reasonable accommodations for emotional support animals and on section 3617 interference claims (including neighbor harassment). The Third Circuit reversed/vacated adverse summary judgments and remanded. Not a final damages award.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. ESA accommodation requests with medical documentation create triable FHA issues; death of a plaintiff does not automatically erase FHA claims. Interference theories can reach association responses to neighbor harassment.
What the member did
Requested ESA accommodations with medical documentation and litigated FHA reasonable-accommodation and interference claims.
What did not work
This published opinion restored claims for trial; it did not itself award final damages.
Questions for the board
- When ESA documentation is submitted, what interactive process and written accommodation decision follow?
- Are fines continued after a disability accommodation request is pending?
- How does the board respond to neighbor harassment of residents with assistance animals?
Questions for a lawyer
- What survival theory applies if an FHA plaintiff dies mid-suit in this forum?
- What facts create triable issues on refusal to accommodate vs delayed approval?
- How should § 3617 interference claims be evidenced regarding neighbor conduct?
Citation
Revock v. Cowpet Bay West Condominium Association, 853 F.3d 96 (3d Cir. 2017); Nos. 14-4776 & 14-4777 (2017-03-31). United States Court of Appeals for the Third Circuit. Outcome chip: MIXED. Flags: MIXED, remand. Source: https://www2.ca3.uscourts.gov/opinarch/144776p.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.