Essay
Henry W. Geter, II, rents an apartment at a complex named "The Cloisters," which is located on Michigan Avenue, N.E., in the District of Columbia. Geter's lease began on March 28, 2003, and ran for one year with rent payments of $1,325 due on the first day of each month. After several months, Geter suffered complications from diabetes and had both feet amputated. Based on his disability, Geter was awarded disability benefits from the Social Security Administration ("SSA") beginning in November 2003 "on or about the second Wednesday of each month." On October 26, 2003, Geter presented the SSA notice of award to property manager Connie Fletcher and requested that his monthly payment date and rent "be adjusted to reflect the comments of the filing received from the Government, with the reassignment of the rent to $890."
On February 16, 2007, Geter received a Notice to Cure Violation of Tenancy or Vacate for "continually and habitually paying [his] rent late." He was given the option of curing the violation by "paying the full amount of the rent due" by March 31, 2007, or vacating the premises on or before April 1, 2007. Geter responded by claiming, in part, housing discrimination based on his disability. He renewed his request for reasonable accommodations by changing the due date of his monthly payments from the first of the month to the 15th of the month and reducing his monthly rent payment to $890. Geter then filed suit for a violation of the Fair Housing Act. Did the landlord violate the FHAA? Discuss why or why not.
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