In a case of first impression (at least as far as I can tell), in an opinion issued last week, the U.S. Court of Appeals for the Third Circuit evaluated (and answered) the question of whether a Fair Housing Act (FHA) claim survives the death of a party. The facts involved an emotional support animal request and whether the condominium board had appropriately responded to the request. Before reaching the merits, however, the Court addressed an uncommon (and sad) issue that came up: during the pendency of the case, one of the plaintiff’s (who made the emotional support animal request) died. Leaving the question of if the FHA claim remains? The text of the FHA does not address what should happen in such a circumstance.

The District Court judge answered the question in the negative, reading first a federal “gap-filler” statute and then local law. Upon appellate review, however, the Third Circuit looked to federal common law (a doctrine that is not universally well liked) to fulfill what is referred to as the “overall purpose” of the statute. The appellate court concluded that as the FHA was intended by Congress to have “broad remedial intent,” a fair housing claim should survive the death of a party and can be continued by the decedent’s estate.

I must admit I had not thought about this issue prior to reading this new opinion. Had I been asked the question, I think I would have agreed with the Third Circuit, although I do not blame counsel for the defense for raising the issue.

Just A Thought.