Legal Definitions - hardship

In legal contexts, hardship generally refers to a significant difficulty, burden, or adverse circumstance that makes it unreasonable, impractical, or impossible to comply with a legal requirement or standard. It often serves as a basis for seeking relief or an exception from a rule that would otherwise apply.

The term "hardship" can have specific meanings depending on the area of law:

• In Statutory Interpretation: Hardship can refer to the severe or unreasonable consequences that would result from a strict or literal interpretation of a law in a particular situation. Courts may consider such hardship when deciding how to interpret an ambiguous statute, aiming to avoid an absurd, unjust, or overly burdensome outcome.

  • Example 1: A state law mandates that all public buildings must have a specific type of fire sprinkler system. A small, historic library building, constructed over a century ago, would require extensive and costly structural modifications to install this system, potentially damaging its historical integrity and depleting its limited budget. A court might consider this a hardship and interpret the law to allow for an alternative, equally effective fire suppression system for historic buildings, rather than forcing an impractical and destructive renovation.

    Explanation: The strict application of the sprinkler law would impose an unreasonable financial and structural burden on the historic library, creating a hardship that could lead a court to seek a more flexible interpretation.

  • Example 2: A new city ordinance requires all commercial vehicles to use designated loading zones during specific hours. A small, independent bakery, operating in a dense urban area, has no access to such a zone within a reasonable distance of its storefront. Strictly enforcing the ordinance would prevent the bakery from receiving essential daily deliveries of fresh ingredients, effectively making it impossible to operate. A court might consider this a hardship and interpret the ordinance to allow for temporary curbside loading during off-peak hours for businesses with no reasonable alternative.

    Explanation: The rigid application of the loading zone ordinance would create an undue operational burden for the bakery, demonstrating a hardship that could influence a court's interpretation.

• In Family Law (Child Support): Hardship refers to a significant change in circumstances that makes it extremely difficult or impossible for a parent (the "obligor") to meet their court-ordered child support payments.

  • Example 1: A parent ordered to pay child support suffers a severe, unexpected medical emergency that results in prolonged hospitalization, significant medical debt, and an inability to work for several months. This unforeseen health crisis creates a financial hardship, making it difficult to maintain the original child support payments.

    Explanation: The parent's medical emergency and resulting financial strain constitute a hardship that could justify a temporary modification of their child support obligations.

  • Example 2: A parent paying child support is laid off from their long-term job due to company restructuring and, despite diligent efforts, remains unemployed for an extended period. This sudden and involuntary loss of income represents a significant hardship affecting their ability to meet their child support payments.

    Explanation: The unexpected and prolonged unemployment creates a financial hardship, potentially allowing the parent to seek a temporary adjustment to their child support order.

• In Zoning Law: Often termed "unnecessary hardship," this refers to a unique and significant burden placed on a specific property owner due to the strict application of a zoning ordinance. This hardship typically arises from the unique physical characteristics of the property itself, rather than from the owner's actions, and makes it impractical or impossible to use the property reasonably without an exception (called a "variance").

  • Example 1: A property owner owns a narrow, triangular-shaped lot that was legally subdivided decades ago. Current zoning regulations require a minimum lot width and setback from property lines for any new construction. Due to the unique and irregular shape of this specific lot, it is impossible to build even a small, single-family home that complies with both the width and setback requirements. This creates an unnecessary hardship, as the owner cannot reasonably use their property as intended by the zoning district.

    Explanation: The unusual physical characteristics of the lot create a unique hardship, making it impossible to build a conforming structure, which could be grounds for a zoning variance.

  • Example 2: A homeowner wants to add a small, essential utility shed to their backyard. The property has a steep, rocky slope at the rear, making it the only practical location for the shed. However, this location falls within the required rear yard setback zone according to the zoning ordinance. Building the shed anywhere else on the property would be prohibitively expensive due to the terrain or would block essential access. This unique topographical challenge creates an unnecessary hardship.

    Explanation: The specific topographical features of the property create a unique hardship, making it impractical to comply with the setback requirement, which might support a request for a variance.