The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Tammy and Ramiro Estrada, the owners of a duplex in Appleton, Wisconsin, with violating the Fair Housing Act by refusing to grant a tenant with a disability a reasonable accommodation to live with her assistance animals.
The Fair Housing Act prohibits discrimination based on disability, including the denial of reasonable accommodations. Individuals with disabilities have the right to reasonable accommodations necessary for equal access to their homes, including the use of assistance animals. Additionally, individuals are protected from coercion, intimidation, threats, or interference when they assert their fair housing rights or file a complaint with HUD.
"The creation of artificial and unreasonable obstacles to granting a reasonable accommodation because an assistance animal is involved is against the law,” said Diane M. Shelley, HUD Principal Assistant Deputy Secretary for Fair Housing and Equal Opportunity. “HUD is committed to ensuring that individuals with a disability can access housing.”
“Individuals with disabilities are entitled to the use of assistance animals as reasonable accommodations to afford them full access to their home,” said Damon Smith, HUD General Counsel. “As this Charge shows, a housing provider may not create unnecessary and artificial barriers for disabled tenants to use assistance animals to support their medical treatment.”
HUD’s Charge alleges that the owners denied the tenant’s reasonable accommodation request by applying unlawful breed restrictions, fines, and fees. Respondents also interfered with the Complainant’s attempt to obtain a service dog and threatened the tenants with eviction, eventually non-renewing their lease—citing the reasonable accommodation requests in the non-renewal notice. The tenants were forced to rent more expensive housing elsewhere.
A United States Administrative Law Judge will hear HUD’s Charge unless any party elects to have the case heard in federal district court. If an administrative law judge finds after a hearing that discrimination has occurred, the judge may award damages for losses due to discrimination. The judge may also order injunctive relief and other equitable relief to deter further discrimination and payment of attorney fees. Additionally, civil penalties may be imposed to vindicate public interest. If heard in federal court, punitive damages may also be awarded.
People who believe they are victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. Housing providers can learn more about their responsibilities regarding reasonable accommodations and modifications for individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.
