United States Third Circuit

In a Fair Housing Amendments Act of 1988 reasonable accommodations challenge to a local land use board's decision, the plaintiff bears the initial burden of showing that its requested accommodations are necessary to afford handicapped persons an equal opportunity to use and enjoy a dwelling, at which point the burden shifts to the defendant to show that the requested accommodations are unreasonable.

Appellate Information

• Decided 03/15/2002
• Published 03/15/2002

Judges

• Before BECKER, Chief Judge, ALITO and BARRY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven C. Rother (Argued), A. Albert Lugo, Hackensack, NJ, Counsel for Appellants.


• For Appellees:
  
• Stephen Eisdorfer (Argued), Hill, Wallack, Princeton, NJ, Co-Counsel for Appellees, Township of Scotch Plains., Frank N. Yurasko, Somerville, NJ, Co-Counsel for Appellees, Township of Scotch Plains., Douglas W. Hansen, Scotch Plains, NJ, Co-Counsel for Appellees, Township of Scotch Plains., Anthony D. Rinaldo, Jr., Garrubbo, Romakow & Rinaldo, Westfield, NJ, Co-Counsel for Appellees, Zoning Board of Scotch Plains.