The United States Attorney for the Eastern District of New York announced on July 23 a settlement agreement with the East Hampton Housing Authority, resolving a civil rights lawsuit under the Fair Housing Act. The lawsuit alleged that the housing authority discriminated against a minor tenant by refusing to allow him to live with his emotional support dog as an accommodation for his disability.
According to the announcement, over nineteen months during 2021 and 2022, the East Hampton Housing Authority maintained that emotional support animals did not qualify for reasonable accommodation under existing law. The settlement is intended to ensure equal access to housing for all tenants who can demonstrate their need for assistance animals under the Fair Housing Act.
“Today’s settlement ensures that tenants with disabilities who require assistance animals will be reasonably accommodated so that they have the same opportunity to use and enjoy their homes as other tenants,” said United States Attorney Joseph Nocella, Jr., “Our Office will continue to enforce the Fair Housing Act and its protections against discrimination for people with disabilities.”
Under terms of the agreement, East Hampton Housing Authority has agreed to adopt a policy regarding requests for assistance animals, comply with notice, training, and recordkeeping requirements related to compliance with the Fair Housing Act, and permit monitoring by federal authorities. The authority also agreed to pay $82,500 in damages to the victim’s family upon release of claims.
The Fair Housing Act prohibits discrimination in rental or sale conditions based on disability status and requires reasonable accommodations in policies when necessary for equal housing opportunities. Megan Freismuth, Chief of Civil Division Civil Rights Section at the U.S. Attorney’s Office, handled this matter.