Specifically, plaintiffs argue that defendants violated the reasonable accommodations provision of the FHAA, 42 U.S.C. Plaintiffs allege that defendants' denial of that application constituted a violation of the FHAA's provisions prohibiting discrimination on the basis of handicap. Plaintiffs were unable to proceed with the sale, however, because defendants denied plaintiffs' application for the necessary zoning variance. ("Safe Haven"), a not-for-profit corporation which, according to plaintiffs, intended to convert the home into a residential facility, or group home, for abused, neglected, and abandoned children.
This case involves plaintiffs' efforts to sell their home in Elkins Park, Pennsylvania to Safe Haven for Children, Inc. For the reasons set forth below, defendants' motion will be granted and plaintiffs' motion will be denied. 64, filed March 9, 2001) ("Defs.' Mot.") and Plaintiffs' Answer to Defendants' Motion for Summary Judgment and Plaintiffs' Cross Motion for Summary Judgment (Document No. Presently before the Court are Defendants' Motion for Summary Judgment (Document No. Sidney Cohen, Dorothy Cohen, and Susan Cohen ("plaintiffs") now seek declaratory, injunctive, and compensatory relief. Sidney Cohen and Dorothy Cohen maintained their lawsuit against defendants, and their daughter, Susan Cohen, was permitted to intervene by Order dated July 1, 1999. In December 1997, the United States' lawsuit against defendants was settled after the Township agreed to amend its zoning ordinance so as to provide for the granting of reasonable accommodations to handicapped individuals. On July 11, 1997, Sidney Cohen and Dorothy Cohen moved to intervene as plaintiffs and were granted permission to do so by Order dated August 13, 1997. On June 11, 1997, the United States of America ("United States") filed a Complaint alleging that defendants, Township of Cheltenham ("Township") and the Zoning Hearing Board of Cheltenham Township ("Board"), denied Sidney Cohen's and Dorothy Cohen's petition for a zoning variance in violation of the Fair Housing Amendments Act of 1988, 42 U.S.C. Knoell, III, Norristown, PA, for Defendants. Zoning Hearing Board of Cheltenham Township, Defendants. Sidney COHEN and Dorothy Cohen and Susan Cohen, Plaintiffs,
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