Supreme Court of Delaware
Kravis v. Justice of the Peace Court 17 and MHC McNicol Place, LLC
April 17, 2023
Summary
The Court reversed because the Justice of the Peace Court improperly refused to consider the tenant's reasonable-accommodation defense under federal and state fair-housing law. A tenant may request a reasonable accommodation at any time before actual eviction, and the court should have allowed limited discovery concerning the landlord's reasons for denying the proposed caregivers' residency applications. The case was remanded for a new trial before a three-justice panel.