Maple Tree LP, II v. Rachel Rebollo

CourtIndiana Court of Appeals
DecidedAugust 15, 2025
Docket25A-CT-00042
StatusPublished

This text of Maple Tree LP, II v. Rachel Rebollo (Maple Tree LP, II v. Rachel Rebollo) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maple Tree LP, II v. Rachel Rebollo, (Ind. Ct. App. 2025).

Opinion

FILED Aug 15 2025, 9:10 am

CLERK Indiana Supreme Court Court of Appeals and Tax Court

IN THE

Court of Appeals of Indiana Maple Tree LP, II, et al., Appellants-Defendants

v.

Rachel Rebollo, Appellee-Plaintiff

August 15, 2025 Court of Appeals Case No. 25A-CT-42 Interlocutory Appeal from the LaPorte Superior Court The Honorable Richard R. Stalbrink, Judge Trial Court Cause No. 46D02-2212-CT-2078

Opinion by Judge DeBoer Chief Judge Altice and Judge Pyle concur.

Court of Appeals of Indiana | Opinion 25A-CT-42 | August 15, 2025 Page 1 of 22 DeBoer, Judge.

Case Summary [1] After suffering a fall in her apartment bathroom, Rachel Rebollo filed suit

against her landlords, Kittle Property Group, Inc., and Maple Tree, LP, II

(collectively, “Landlords”), alleging that their failure to approve her request to

install handrails in her bathroom violated the federal Fair Housing

Amendments Act of 1988 (FHAA) and Indiana’s landlord-tenant statutes.

[2] In this interlocutory appeal, Landlords challenge the trial court’s denial of their

motion for summary judgment and the granting of Rebollo’s motion to strike a

portion of her deposition testimony Landlords designated in support of

summary judgment. Finding genuine issues of material fact which preclude the

entry of summary judgment and no reversible error in granting the motion to

strike, we affirm.

Facts and Procedural History [3] Rebollo was born with arthrogryposis, a condition that affects the development

of muscles and bones and, in Rebollo’s case, particularly impacted the left side

of her body. Appellants’ Appendix Vol. 2 at 53-54. Due to that condition,

Rebollo’s left leg is one inch shorter than her right, and she has experienced

lifelong pain and mobility issues.

[4] In July 2020, Rebollo and her husband moved into Unit 05-10H (the “Unit”) at

Landlords’ apartment complex in LaPorte, where they resided until 2023.

Court of Appeals of Indiana | Opinion 25A-CT-42 | August 15, 2025 Page 2 of 22 Rebollo signed a one-year Apartment Lease Renewal (the “Lease”) on July 19,

2022. Though this Lease was executed several months after the events at issue

in this appeal, both Rebollo and Landlords agree that identical Lease terms

were in effect at all relevant times. See Appellants’ Brief at 16-17; Appellee’s Br.

at 5, 12-14.

[5] The Lease provides:

Decorating. . . . Resident shall not alter or redecorate the Apartment without written consent of the Landlord. All alterations to the premises shall remain for the benefit of the Landlord unless otherwise provided in said consent. Resident shall not drive nails, tacks, screws, or apply other fasteners on or in any of the walls, ceilings, woodwork, or floors of said premises or allow the same to be done. Resident shall observe and comply with rules and regulations established by Landlord. Except as otherwise provided herein, nothing whatsoever shall be attached or affixed either to the exterior of said building or any part thereof, whether permanent or otherwise, without written consent of the Landlord. Landlord is hereby authorized to remove, at the expense of Resident, anything so attached or affixed without Landlord’s consent.

Appellant’s App. Vol. 2 at 177-78.

[6] In February 2022, Rebollo called the apartment complex’s office to ask how she

could “get safety rails in [her] bathroom” because she and her husband were

having difficulty getting in and out of their bathtub. Id. at 94, 96. Rebollo did

not believe she was allowed to install a handrail herself, since doing so would

require driving screws into the wall.

Court of Appeals of Indiana | Opinion 25A-CT-42 | August 15, 2025 Page 3 of 22 [7] An office manager advised Rebollo that she would need to submit a request

form and a doctor’s referral. The manager gave Rebollo a “Request for

Reasonable Accommodation Form” containing the following instructions:

A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common spaces. If you, a member of your household, or someone associated with you has a disability and would like to make a request for a reasonable accommodation, please complete this form and return it to Property Management. Property Management will respond to your request in a reasonable time, usually no more than two weeks from the date the request was submitted and any related information and verification is received.

Family, friends, medical care providers, or Property Management staff may assist you in completing this form. If your disability is not obvious or readily apparent, you may need to provide additional information which verifies that the person meets the definition of disability, describes the needed accommodation, and shows the relationship between the disability and the need for the requested accommodation. In some circumstances, a doctor or other medical professional, peer support group, or other reliable third party may need to provide this verification.

Id. at 220.

[8] Rebollo completed the form and returned it to the apartment complex’s office

on March 1, 2022. Rebollo indicated on the form that she was “requesting the

following reasonable accommodation: HANDRAILS FOR BATHTUB[.]” Id.

She further indicated that her disability was not “obvious or otherwise known

Court of Appeals of Indiana | Opinion 25A-CT-42 | August 15, 2025 Page 4 of 22 to property management” and that her “need for the requested

accommodation” was not “readily apparent[.]” Id. When asked to “describe

the disability and how the disability substantially limits one or more major life

activities[,]” Rebollo answered, “IT’S HARD TO GET IN + OUT OF THE

TUB – BIRTH DEFECT[.]” Id. at 221. And when asked to “describe the

relationship between the disability and the need for the requested

accommodation,” Rebollo repeated, “HAND RAILS IN BATHTUB[.]” Id.

[9] The record is unclear what, if anything, Landlords did with the request after

Rebollo submitted it. Included in the request was an authorization for

Landlords to obtain third party verification of Rebollo’s disability from her

doctor, Dr. Philip Maher. Landlords concede they received a Third-Party

Verification form signed by Dr. Maher on March 2, 2022. 1 But Landlords did

not follow up with Rebollo to tell her the disposition of her request, what

procedures they were following to process it, or what additional information

they may have needed from her or Dr. Maher.

[10] On April 22, 2022, fifty-two days after submitting the request, Rebollo slipped

and fell in her bathroom. Rebollo was unable to recall the specifics of the fall

but did remember that her right foot slipped out from under her as she was

1 The trial court granted Rebollo’s motion to strike Landlords’ assertion in their summary judgment brief that Dr. Maher did not correctly fill out the Third-Party Verification. Appellants’ App. Vol. 2 at 14; Appellants’ App. Vol. 3 at 14-15. Though Landlords argue on appeal the trial court erred in striking portions of Rebollo’s deposition testimony, they do not challenge its decision to strike their contention that Dr. Maher incorrectly filled out the verification form.

Court of Appeals of Indiana | Opinion 25A-CT-42 | August 15, 2025 Page 5 of 22 entering the bathroom, causing her to fall “toward the bathtub and the wall.”

Id. at 118–19. She suffered various injuries, including a left knee fracture, three

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