Undue Delay: Does it Amount to Denial of an Accommodation Under the FHA?

Can a condo board’s delay in responding to a service animal request amount to an undue delay under the Fair Housing Act?

While there is no express duty for property owners to respond promptly to service animal requests, this duty may be implied under the Fair Housing Act (FHA). Recently, a judge in the District Court of Massachusetts found that this duty may be implied when there is undue delay in deciding to permit or deny a reasonable accommodation, such as a service animal.

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