Homeowners Association Entitled to Recover Legal Fees for Frivolous Disability Discrimination Claim
August 2, 2012.
A Second Circuit Court of Appeals in New York reversed a lower court’s ruling denying a homeowners association an award of legal fees incurred in defending a homeowner’s claims for accommodation under the Fair Housing Act due to an alleged disability. The appellate court dismissed the homeowner’s appeal for failure to comply with applicable appellate rules and awarded the homeowners association the attorney fees it incurred in defending the claim because the court determined that the plaintiff’s claim was groundless and frivolous.