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Examples of Judgments under FHA

Excerpts of a couple of actual judgments involving emotional support animals (ESAs) under the Fair Housing Act (FHA):

In 2011, John J. and Nancy A. Meany, owners of a four-apartment building in Iowa were ordered to pay all damages to their tenants and to pay a $16,000 civil penalty for violating the FHA by refusing to grant a reasonable accommodation by modifying their no-pets policy to allow the tenant's daughter's emotional support animal.  See full decision at: http://portal.hud.gov/hudportal/documents/huddoc?id=HUDvMeany.pdf

In 2011, Redstone Association (an owners' association) and its property manager Derek Peterson were ordered to pay all damages related to actual damages, inconvenience and economic loss to the tenants of one of the properties under its management and to pay $96,000 in civil penalties ($16,000 each for six violations of the FHA) (see http://portal.hud.gov/hudportal/documents/huddoc?id=11-081101818.pdf for full decision). These six violations were:
  1. making housing unavailable to the tenant because of his disability
  2. refusing to make a reasonable accomodation to allow his emotional support animal
  3. imposing a fee for his emotional support animal
  4. imposing fines for his emotional support animal
  5. maintaining a discriminatory policy where people with certain disabilities were required to go through additional steps to obtain an accommodation for an assistance animal (if the request for for an emotional support animal then additional steps not required of people with other disabilities)
  6. insisting that client sign a release of his private medical information
 




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