Moser Successfully Defends Housing Agency in Discrimination Case

Posted on: August 10th, 2016

Complainant Sara Wilson filed a complaint with the Iowa Civil Rights Commission alleging the Municipal Housing Agency of Council Bluffs discriminated against her on the basis of disability. Specifically, Wilson claimed she was denied housing based on her prior drug addiction and was denied a reasonable accommodation for her disability. According to Wilson, she was treated differently than other applicants who were not disabled. The Housing Agency, represented by Joseph Moser, denied Wilson’s allegations.

On behalf of the Housing Agency, Moser argued it provided a reasonable accommodation to Wilson and its denial was based on negative landlord references and Wilson’s failure to provide accurate landlord information, not on the basis of her disability. Furthermore, Moser argued, the Housing Agency granted Wilson’s request for a reasonable accommodation and did not weigh her criminal history or prior drug addiction when considering her rental application.

Wilson’s complaint was investigated by the Iowa Civil Rights Commission and considered by an administrative law judge. The judge found that Wilson’s claim lacked any evidence that created an inference that the Housing Authority’s actions were discriminatory. The judge found no probable cause existed to support the allegations of discrimination set forth in Wilson’s complaint and Moser was successful in seeing Wilson’s discrimination claim was dismissed.
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