On July 1 the Department of Justice announced the filing of another lawsuit challenging what it calls discrimination based on the refusal to allow a therapy animal without a pet deposit. U.S. v Barber, 3:13-05539 (W.D. Wash). Coming on the heels of HUD’s April 25 “Notice Concerning Service Animals and Assistance Animal” the lawsuit is another reminder that this particular FHA violation is of special interest to the government regulatory agencies. It also suggests that apartment owners and managers need to tread carefully and think clearly about how they approach requests for assistance animals. After all, there is no animal more dangerous than a lawyer with a plausible claim. More
service animals
Snap Judgment! The ADA requires it, but are you ready?
By richardhunt in Accessibility Litigation Trends, ADA, ADA FHA Litigation General, Public Facilities, Restaurants, Retail, Shopping Centers Tags: ada litigation, private lawsuits, real-estate, restaurants, retail, service animals
Imagine you are the operator of a paintball facility. A group of 15 blind individuals make a reservation without, however, mentioning they are blind. They arrive more than an hour late after a hike of several miles and are in a generally bad mood. One or two of them have trouble navigating the facility, with one running into a post and another almost falling off a deck. You conclude that they cannot, in the time available, learn to use the equipment and safely engage in the sport, so you decline to allow them to play. Naturally, you are sued under the ADA.
Another story of ADA absurdity? Not exactly. In Blind Industries & Services v. Route 40 Paintball Park, 2013 WL 1209649 (D.Md. 2013) the District Court concluded that under the circumstances it was reasonable for the owner to conclude that there was a direct threat to the More
Beware of Dog – Mental Health Support Animals and the FHA
By richardhunt in ADA FHA General, ADA FHA Litigation General, Apartments, Condominiums, FHA, Multi-Family, Residential Development Tags: Apartments, Condominiums, developers, FHA Litigation, mental health disabilities, real-estate, service animals, support animals
Support animals for individuals with mental health disabilities present special problems for the owners and managers of residential properties. A complaint filed on New Year’s Eve, Intermountain Fair Housing Council, Inc. v. Michael’s Manor, LLC, illustrates some of those problems and shows why requests for an accomodation to allow a support animal must be handled with care.
The first issue faced by owners and managers is whether an untrained support animal has to be allowed at all. In Michael’s Manor the plaintiff alleges that the leasing agent flatly refused to permit a support animal for the treatment of a mental disability A decade ago that refusal might have worked, for a number of courts held that an apartment or condominium complex was only required to permit trained service animals based on the ADA definition of “service animal.” The FHA does not mention service or support animals in its provisions concerning reasonable accommodations and most recent decisions agree that refusal to allow a mental health support animal can constitute illegal discrimination. Requiring proof that the tenant’s animal qualifies as a “service animal” for a physical disability almost certainly violates the FHA. More