The U.S. Department of Housing and Urban Development recently announced Kye Patton and Bob Cave, the owner and manager of a duplex apartment in Salem, Ore., will pay $17,000 under a consent order to resolve allegations they violated the Fair Housing Act by denying a reasonable accommodation request for a woman to live with her assistance animals.
“When a person with disabilities is denied an assistance animal, they are denied equal use and enjoyment of their homes,” HUD Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity Demetria L. McCain, said in an Aug. 22 news release. “HUD will continue to work earnestly to ensure that persons with disabilities are not discriminated against.”
The Fair Housing Act prohibits disability-based discrimination, and the settlement arose from a charge filed by HUD Feb. 10, stemming from their denial of the accommodation request, which they have agreed to settle without a hearing before a HUD administrative law judge, the release reported.
The complaint alleges Patton and Cave violated the Fair Housing Act by refusing the complainant's request to waive a no-pet policy in order to accommodate her assistance cat and dog, vital for mitigating her disabilities' symptoms, according to the release.
As detailed in the release, the respondents declined the request through a letter stating, “We will not be changing our rental policy. If you feel that you need this accommodation, then please look for another place to live. We will not accept any animals of any kind no questions asked. I will give you a good rental reference if needed.”
Cave also reportedly verbally dismissed the complainant’s request, saying the rental policy wouldn't change, no animals would be accepted, and she should find new housing if she insisted on an accommodation. Consequently, the complainant relocated to an alternate residence that allowed her to live with her assistance animals, the release reported.
“The Fair Housing Act requires housing providers to make reasonable exceptions to their ordinary policies when necessary for individuals with disabilities to live with their assistance animals. A housing provider’s refusal to do so is a serious violation of the law,” Damon Smith, HUD’s general counsel, said in the release.
The resolution was reached without a hearing before a HUD administrative law judge, with HUD, the complainant and the respondents opting for voluntary resolution. The consent order mandates the respondents pay $17,000 to the complainant, establish a fair housing compliant reasonable accommodation policy applicable to all properties they own or manage and maintain records of any reasonable accommodation requests, the release said.
The respondents, while denying the allegations, voluntarily agreed to settle the matter, according to the release.
