PHILADELPHIA — A man is suing his homeowners association, claiming an overly determined board of directors is improperly restricting him as he proposes widening his driveway for his disabled father.

John P. Dunleavy filed a lawsuit on March 7 in the U.S. District Court for the Eastern District of Pennsylvania against Deer Run Community Association Inc., Richard Schulang, Harry Ryder, Dan Walker, Cline Propst and Mike Imperial, citing alleged violations of the Fair Housing Act.

According to the complaint, Dunleavy has a father who is substantially limited by disabilities in the scope of his age, weight, and a replaced knee and hip. The plaintiff allegedly intends to have his father move into his current residence, which is monitored by the defendant. The plaintiff claims that the defendants improperly restricted him in what he says is a reasonable request to widen his driveway in order to better accommodate his father.

The plaintiff attended a meeting of the defendant’s board of directors on July 21, 2015, after which a widening proposal was approved but with allegedly unlawful and unreasonable conditions under the Fair Housing Act, the suit claims.

Dunleavy seeks injunctive relief, declaratory relief, compensatory and punitive monetary damages, attorney fees, costs, and a trial by jury. He is represented by Charles Weiner of the Law Office of Charles Weiner, in Bensalem, PA.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-01066-LDD

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U.S. District Court of Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106

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