Federal housing officials allege a New Hampshire landlord violated the Fair Housing Act for refusing to show a unit to two women with emotional support dogs.
Federal housing officials are once again accusing a landlord of illegal housing discrimination for not renting to someone with an emotional support animal.
According to a complaint filed yesterday by the U.S. Department of Housing and Urban Development (HUD), landlord Jack Cohen, who owns 40 rental units in Manchester, New Hampshire, declined to show an available apartment to two prospective tenants when they failed to produce documentation verifying a medical need for their emotional support dogs.
The prospective tenants, a mother and daughter (whose names are redacted in the complaint), had both received a recommendation from doctors for an emotional support animal to cope with their diagnosed post-traumatic stress disorder.
After Cohen declined to show them the unit, the two unnamed complainants filed a complaint with HUD in August 2023, alleging that he’d discriminated against them on the basis of their disability.
In the charging documents filed, HUD agreed. The department alleges that Cohen violated the Fair Housing Act—which bars discrimination on the basis of disability—by refusing to show them the unit or let them apply and by requiring documentation that he doesn’t require of other prospective tenants.
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Know Your Rights!
Are emotional support animals covered under the Fair Housing Act?
The short answer is, “Yes.” However, there are steps to be taken to verify anyone claiming this status for their pet. Having a process in place beforehand will help streamline the accommodation request. Let’s take a look at some common problems that the housing industry must overcome.
Can a landlord deny an ESA based on breed/size?
Imagine this scenario. Hi, meet my emotional support dog. Kujo the 100 pound Pit Bull. Oh boy! Many communities have breed/weight restrictions. But do these apply to ESAs? Before you even address the 100-pound dog in the room, start at the basics. Complete an application for housing. If the application is approved, now move on to processing a reasonable accommodation request. At this point, if the animal is verified as an emotional support animal, accommodations must be made, regardless of breed or size.
What can a landlord require for an ESA?
Next up is the undisclosed animal. You have just had a conversation with a tenant under the impression that an emotional support animal doesn’t need to be disclosed. What now? More than likely, you are also being presented with an ESA letter. Unfortunately, many of these are boilerplate letters from the Internet and fraudulent. Even though your first instinct might be to issue a lease violation, it is now your job to verify the letter. You can do this by contacting the Dr. or therapist confirming relationship with tenant.
As you can see from the above, the burden of proof lies in the relationship that the verifier has with the resident. If established, you must make accommodations. If not, then you are free to move forward with issuing a violation notice.
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