HUD Files New Emotional Support Animal Fair Housing Disability Discrimination Case.

 
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Earlier this week, the U.S. Department of Housing and Urban Development (HUD) issued a press release concerning a new case HUD charged in Oklahoma. Specifically, HUD alleged that the landlords of a rental property violated the Fair Housing Act (FHA) by rejecting the emotional support animal request submitted with a veteran with disabilities. As I have written many times, responding to reasonable accommodation requests from disabled residents is a critical part of apartment (or in this case, rental home) management. As far as I can tell, this is the first complaint brought by HUD since the new administration took over last month.

Here, it is claimed that a combat veteran with a mental disability, and who has an emotional support animal, submitted a request for a reasonable accommodation. As a part of the accommodation request, the resident also submitted a medical verification for the animal. The complaint asserts that the landlord refused to waive the otherwise due and payable $250 pet fee. Under applicable law, of course, service and/or emotional support animals are not pets and those fees are to be waived as a reasonable accommodation in order to permit the disabled resident to fully enjoy his or her home.

Now, always remember there are two sides to every story and I am making no judgment on the merits here. Also, I have not seen if the medical verification was likely legitimate (as contrasted to something simply purchased over the internet with a credit card). Nevertheless, recall that disability...

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