Second Circuit: Austin v. Town of Farmington


FHA does not impose a per se bar to a municipal requirement that accommodations constructed contrary to code be removed after the disabled person no longer lives there.

Whether the removal requirement violates the FHA is a question of reasonableness for the court; can't be made from pleadings.

Retaliation claim under the FHA must plead and prove animus.

Austin v. Town of Farmington