The ACAA uses essentially the same definition of disability as the ADA and FHAA
, focusing on protecting individuals with physical or mental impairments that substantially limit a minimum of one major life activity 14 C.
30) The only change made by the 1988 amendments was procedural: the FHAA
made violations of [section] 3617 subject to the statute's regular enforcement methods, which had previously controlled only claims under the FHA's other substantive provisions.
In 1937, well before the enactment of the FHA or the FHAA
, Congress enacted the United States Housing Act, beginning a major federal effort to provide decent and affordable housing for low-income people.
For people with disabilities seeking a place to live in market-rate apartments or condominiums, FHAA
has meant they should be able to find one that, in the words of the law, affords them "full enjoyment of the premises" [42 U.
11) Beyond this agreement, however, courts have often struggled with the meaning of the term and have, on occasion, come to differing conclusions as to whether certain actions are reasonable accommodations within the meaning of the FHAA
language and proposed intent of the ADA and the FHAA
are identical, the
69) The COFC compared the "prevailing party" language in the EAJA with that in the FHAA
and the ADA and concluded that the FHAA
and the ADA allowed the court broad discretion to determine if a plaintiff was a "prevailing party.
the fact that the holding in Buckhannon applied to the FHAA
and ADA, it
section] 1988, on which the ADA and FHAA
provisions were modeled, stated that "parties may be considered to have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief.
The home sought injunctive relief in federal district court, alleging that the self-preservation requirement violated the FHAA
and the ADA, on the ground that it prohibited nursing homes from accommodating people with disabilities.
There are differing opinions on what Congress meant when it included protections for families with children under the FHAA
20 (1994) (noting that the FHAA
would prohibit the Cleburne ordinance).