Norman Eastwood owns and lives in a single-family home with his wife (the Property). The Property is located in the Willow Bend Lakes Community in Plano, Texas. The Willow Bend Lakes Community is governed by an HOA, which enforces the restrictive covenants that apply to the community, including Eastwood’s Property. Of note, the restrictive covenants require that all construction to community properties—such as the installation of a fence—must be preapproved by the HOA. Eastwood’s backyard is split in half by a jogging path, which the HOA has an easement over. In June 2019, Eastwood asked permission from the HOA to construct a new three-sided fence around the back half of his backyard, which would cut off access to the jogging path, but his request was denied by the HOA.

During this time, Eastwood was diagnosed with cancer and began chemotherapy treatments, causing Eastwood’s immune system to become compromised. Due to Eastwood’s compromised immune system and his susceptibility to COVID-19, Eastwood’s doctor believes that it is risky for Eastwood to be around people who are not a part of his household. For this reason, Eastwood and his doctor decided that it is not safe for him to use the unfenced half of his backyard. Based on these facts, on April 20, 2020, Eastwood asked the HOA for a reasonable accommodation under the Fair Housing Act, allowing him to build the second fence due to his disability of having an impaired immune system. On May 5, 2020, however, the HOA rejected his request. Accordingly, on May 13, 2020, Eastwood filed this suit against Defendant, asserting that the HOA violated the FHA when it rejected Eastwood’s reasonable accommodation. Is Eastwood’s increased susceptibility to COVID-19 within the meaning of “disability” under the Fair Housing Act? Is he entitled to his reasonable accommodation?

Why or why not?