Lawsuit Over Loud Roommate Sex

03/14/2012

A former student at Catholic university in Massachusetts has sued the school over that which plagues many college students - loud roommate sex.

The former student is accusing the school of violating the Rehabilitation Act and the Federal Fair Housing Act. This “loud roommate sex” lawsuit claims the school denied her a reasonable accommodation when it refused to move her into a quiet single room.  Apparently, the former student’s roommate's sex was not only loud, but also constant so that it interfered with the former student’s sleep time.  The roommate also apparently engaged in "sexually inappropriate video chatting." This caused the former student discomfort.  The suit claims the former student was already suffering from depression and began to develop suicidal thoughts.

According to the Associated Press, the school gave the former student an option to move rooms.  However, she didn't want to move into a room with a girl she didn't know.   Maybe she thought a new roommate could even be louder.  Instead, she asked that the loud roommate be removed from her room and replaced with someone else (which doesn’t make much sense because she would get another roommate this way too).  Alternately, the former student wanted a single room of her own.

The school denied the requests claiming she wasn't entitled to such an accommodation and the lawsuit followed.

The law only requires housing providers and schools to make reasonable accommodations for persons with disabilities. A request is unreasonable when it poses an undue financial or administrative burden on the provider.  The former student’s request was possible burdensome in many ways.  Her requests potentially affected a handful of other students -- her roommate and possibly others if students' rooms get juggled like a cake walk.  In addition, would other students start making similar claims to get a single room? 

Instead of filing a roommate sex lawsuit, she probably should have opted for the new roommate.