CACI No. 4329

Accommodation

[Name of defendant] claims that [name of plaintiff] is not entitled to evict

[him/her/nonbinary pronoun] because [name of plaintiff] violated fair

housing laws by refusing to provide [[name of defendant]/a member of

[name of defendant]’s household] [a] reasonable accommodation[s] for

[his/her/nonbinary pronoun] disability as necessary to afford [him/her/

nonbinary pronoun] an equal opportunity to use and enjoy [a/an] [specify

nature of dwelling or public and common use area at issue, e.g., the

apartment building’ s mail room].

To establish this defense, [name of defendant] must prove all of the

following:

1. That [[name of defendant]/a member of [name of defendant]’s

household] has a disability;

2. That [name of plaintiff] knew of, or should have known of, [[name

of defendant]/the member of [name of defendant]’s household]’s

disability;

3. That [[name of defendant]/a member of [name of defendant]’s

household/an authorized representative of [name of defendant]]

requested [an] accommodation[s] on behalf of [himself/herself/

nonbinary pronoun/name of defendant] [or] [another household

member with a disability];

4. That [an] accommodation[s] [was/were] necessary to afford

[[name of defendant]/a member of [name of defendant]’s household]

an equal opportunity to use and enjoy the [specify nature of

dwelling or public and common use area at issue, e.g., the apartment

building’s mail room]; and

5. [That [name of plaintiff] failed to provide the reasonable

accommodation[s]]

5. [or]

5. [That [name of plaintiff] failed to engage in the interactive process

to try to accommodate the disability].

New May 2021