Disabled Homeowner Has Claim Against City for Refusing Extension Of Time to Clean Yard

摘要

The U.S. Court of Appeals for the Ninth Circuit ruled that a plaintiff with AIDS stated a housing discrimination claim against the city of Portland for failing to accommodate his request for an extension of time to clean his yard to comply with the city's nuisance abatement ordinance. (McGary v. City of Portland, No. 02-35688, 2004 WL 2389904 (9th Cir. (Or.)), October 27, 2004) An inspector from the city's Office of Planning and Development Review (OPDR) sent homeowner Richard McGary a Notice to Remove Nuisance, ordering him to remove the trash in his yard within 16 days. Cascade AIDS Project (CAP) volunteers helped McGary clean his yard, but OPDR found the cleanup insufficient and issued a second notice.