Friday, February 27, 2009

Superior Court - LEBANON COUNTY HOUSING AUTHORITY v. VERONICA LANDECK

LEBANON COUNTY HOUSING AUTHORITY v. VERONICA LANDECK
No. 34 MDA 2008 2009 PA Super 37 Atlantic: 967 A.2d 1009 Filed: 2/27/2009

Appeal from the Judgment entered January 31, 2008
In the Court of Common Pleas of Lebanon County
Civil Division, at No. 2006-01289
Before: PANELLA, CLELAND, JJ. and MCEWEN, P.J.E.
Opinion by: CLELAND, J.
Concurring Statement by: McEWEN, P.J.E.
Veronica Landeck (Tenant) appeals the judgment entered January 31, 2008 pursuant to the trial court’s orders of December 4, 2007 and December 13, 2007, the latter denying Tenant’s post-trial motion. The issue before us is whether, under the federal Fair Housing Act (the Act), the trial court mistakenly concluded that Tenant failed to establish a reasonable accommodation defense under the Act and thereby erred in awarding possession of the rental property to the Lebanon County Housing Authority (the Authority). Because the trial court erred in its application of the law and its factual findings are not supported by the record, we reverse and remand in part for a new trial.
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