Rosario Alvarez Cantun sued Miami-Dade Public Housing and Community Development and Royal American Management, claiming they failed to reasonably accommodate her disability by not immediately transferring her from a third-floor studio apartment to a first-floor unit at Westchester Apartments. Cantun, who began living in the third-floor unit in April 2021, waited nearly two years before requesting accommodation in January 2023, citing difficulty climbing stairs due to her health conditions.
The defendants argue they fulfilled their legal obligations under the Fair Housing Act by offering multiple reasonable alternatives when no first-floor units were immediately available. As the motion states, defendants offered Cantun 'transfer to the first available first-floor unit when such a unit became available,' 'transfer to another property—Singer Plaza—that offered elevator access,' or 'the option to terminate her lease without penalty so she could relocate to a first-floor unit or a building with an elevator.' The motion emphasizes that 'The Fair Housing Act requires housing providers to offer reasonable accommodation, not a plaintiff's preferred or immediately available accommodation.'
Defendants argue Cantun's rejection of these alternatives defeats her claim as a matter of law, writing that 'A housing provider does not violate the FHA by offering reasonable accommodations that a tenant declines.' The motion cites federal precedent establishing that the FHA 'does not entitle a disabled person to the accommodation of her choosing, but only to a reasonable accommodation,' and argues Cantun 'demanded her preferred accommodation—immediate placement in a specific type of unit or location—which exceeds the requirements of the Fair Housing Act.'
The case comes to the Southern District of Florida after Cantun's initial complaint was investigated and rejected by the Florida Commission on Human Relations, which issued a 'No Cause' determination. Cantun's tenancy has since been terminated through state court proceedings, and the Westchester Apartments building is being vacated for substantial construction and rehabilitation that will render it uninhabitable.
Defendants also move for summary judgment on Cantun's Rehabilitation Act claim, arguing Miami-Dade Public Housing was not the property owner during the relevant period and therefore not a recipient of federal financial assistance required for Section 504 liability. The motion states that 'from the inception of Plaintiff's tenancy in April 2021 through April 2024,' the property 'were owned by MBCDC Westchester Apartments LLC, not Miami-Dade Public Housing and Community Development,' which 'did not acquire the property until April 2024, after the events giving rise to Plaintiff's claims had already occurred.'
The defendants seek dismissal of Cantun's damages claims, arguing emotional distress and punitive damages are unavailable under the Rehabilitation Act following recent Supreme Court precedent. The motion cites Cummings v. Premier Rehab Keller, where the high court held that 'emotional distress damages are not available in private actions under the Rehabilitation Act,' and Barnes v. Gorman, establishing that 'punitive damages may not be awarded in private suits brought under Spending Clause statutes such as the Rehabilitation Act.'
Finally, defendants argue Cantun lacks standing for injunctive relief because she no longer occupies the property and faces no 'real and immediate threat' of future injury. The motion emphasizes that 'Plaintiff's tenancy has been terminated, and the Miami-Dade County Court has entered a final judgment and issued a writ of possession,' while the building itself 'are in the process of being fully vacated due to substantial construction and rehabilitation that will render the building uninhabitable.' This procedural posture could significantly impact the scope of any potential relief even if Cantun's underlying claims survive summary judgment.