The U.S. Department of Housing and Urban Development (HUD) has charged Tallahassee, Florida-based housing providers Greenbriar Partners LLC, Jackson Properties and Financial Services LLC, and Erwin D. Jackson with Fair Housing Act violations for refusing to provide a tenant with a disability a reasonable accommodation for an emotional support animal.
HUD’s Charge of Discrimination claimed the denial resulted in economic loss, lost housing opportunity, and emotional distress for the tenant, and it also alleged the respondents violated the Fair Housing Act when they threatened the complainant with an eviction because of her reasonable accommodation request.
HUD’s Charge will be heard by a US Administrative Law Judge (ALJ) unless any party to the Charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that a violation of the Fair Housing Act has occurred, they may award damages to the complainant for harm caused by discrimination. The ALJ may also order injunctive relief and other equitable relief, as well as payment of attorney fees and fines to vindicate the public interest.
“The Fair Housing Act requires housing providers to make reasonable accommodations necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling,” said Damon Smith, HUD’s general counsel. “The Department will take action to ensure housing providers comply with their obligations to provide necessary reasonable accommodations.”
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But how can a request to bring in an animal to a property be “reasonable” when housing providers have seen cats and dogs do thousands of dollars worth of damage in just a short period of time? If a dog scratches up the hardwood floors and chews on the moldings of the windows, that could be $5000 or more to make those repairs. If a cat urinates on the floors or carpets and sprays on the walls, the flooring has to be pulled up, as does the rug pad (if any) and perhaps the sub-floors, and then replaced. The walls, if sprayed on, may need to be cut into the sheetrock to remove the odors and then the sheetrock repaired. That could cost $10,000 or more. How is it reasonable for a housing provider to make that “accommodation”?
There is so much discussion regarding an “emotional support” vs a “service” animal and the documentation needed to designate each. I’d be interested to know what Florida requirements are, if any, to designate an animal as an “emotional support animal.”
The emotional support animal is an alligator.
This emotional support animal must be stopped. They are not thinking of other Tenant’s who are 1. Afraid of animals. 2. Allergic to pet Dander or anything animal. What about these Tenant’s rights. It is not like they you can’t find another property that will accept animals.
I hope the landlords take it to court. All pets are emotional support animals. HUD needs to update the laws. Require specific papers for service animals. Stop these online drs from providing these nonsense letters.