Association
and owners refused to accommodate veteran’s support animal
Posted by CotoBlogzz
Park City, Utah – The U.S.
Department of Housing and Urban Development (HUD) announced Tuesday October 11,
2011, it is charging a Park City, Utah homeowner association, property
management company, and a group of condominium owners with violating the Fair
Housing Act for refusing to accommodate a Gulf War veteran with a disability
who required an emotional support dog because of a disability.
HUD is alleging Fox Point at
Redstone, a multifamily housing complex, assessed illegal fees and fines
against the tenant and the owners of his condominium unit for the presence of
the assistance animal. HUD is also charging the condominium owners for their
refusal to renew the tenant’s lease unless he paid the charges. The Fair Housing Act requires
landlords to make reasonable accommodations to no-pet rules for renters with
disabilities who need emotional support animals.
“Today, many veterans
return home with mobility impairments or other conditions that can be alleviated
by a support animal. HUD will enforce
the Fair Housing Act against policies that prevent people with disabilities
from having a medically necessary assistance animal at home,” said John
Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.
According to HUD’s charges,
Fox Point’s homeowner association required the tenant to pay a registration
fee, provide proof of liability coverage, and sign a medical release for it to
obtain his confidential medical records. The tenant provided medical
documentation of his need for the assistance animal and obtained liability
insurance, but refused to give Respondents access to his private medical
information or to pay the $150 fee. Even after it acknowledged that the
veteran’s dog was a medically necessary assistance animal, the association
continued to demand that he pay the fee. The association also assessed a number
of fines against the condo owners for the presence of the support dog, and the
condo owners refused to renew the tenant’s lease until he paid the fee and the
fines. The tenant and his wife moved away rather than pay. Such fees and fines
are prohibited by the Fair Housing Act, as are requirements that persons with
disabilities obtain liability insurance and provide their medical records.
HUD’s charge will be heard by
a United States Administrative Law Judge unless any party to the charge elects
to have the case heard in federal district court. If an administrative law
judge finds after a hearing that illegal discrimination has occurred, the judge
may award monetary damages to the complainant for the harm he was caused by the
discrimination. The judge may also order injunctive and other equitable relief
to deter further discrimination, as well as payment of attorney fees. In
addition, the judge may impose fines in order to vindicate the public interest.
If the matter is decided in federal court, the judge may also award punitive
damages to complainant.
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