The U.S. Department of Housing and Urban Development (HUD) has charged Tallahassee housing providers Greenbriar Partners, LLC, Jackson Properties and Financial Services, LLC, and Erwin D. Jackson with violating the Fair Housing Act. The charge stems from their alleged failure to grant a tenant with a disability a reasonable accommodation for an emotional support animal.
The Fair Housing Act prohibits discrimination based on disability, including the denial of reasonable accommodations. These accommodations are necessary to provide individuals with disabilities equal access to their homes, which can include the use of assistance animals.
"Persons with disabilities must be able to enjoy their dwelling in a safe and accessible manner," said Diane M. Shelley, HUD’s Principal Deputy Secretary for Fair Housing and Equal Opportunity. "Today’s action is a reminder that violating these rights is not only unacceptable, but it is also illegal."
"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 General Counsel. "The Department will take action to ensure housing providers comply with their obligations to provide necessary reasonable accommodations."
According to HUD's Charge of Discrimination, the Respondents' denial of the requested accommodation led to economic loss, lost housing opportunity, and emotional distress for the tenant. The Charge also alleges that the Respondents threatened the tenant with eviction due to her request for an accommodation.
The case will be heard by a United States Administrative Law Judge (ALJ) unless any party opts for it to be heard in federal district court. If an ALJ finds a violation of the Act after a hearing, they may award damages for harm caused by discrimination and order injunctive relief or other equitable relief. They may also impose fines and require payment of attorney fees. In federal court, a judge may additionally award punitive damages.
Individuals who believe they are victims of housing discrimination can contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing.
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