May 11, 2016
An appeals court has upheld a HUD Fair Housing determination. According to the press release at HUD.gov (HUDNo.16-070), “The U.S. Department of Housing and Urban Development announced today that it has won an important Fair Housing Act victory in the United States Court of Appeals for the First Circuit.”
According to the press release, the appeals court decision backs a “Final Order of the Secretary of HUD” following a trial before an administrative law judge, “that a condominium association discriminated against a resident with disabilities by refusing to allow him to keep an emotional support animal.”
Federal Fair Housing laws prohibit discrimination against people with disabilities to include “no pet” rules that affect a home owner or renter’s ability to keep a support animal (that would include home owner or condo owner associated covenants).
According to the press release, Fair Housing Act law “requires that housing providers, including condominium and homeowners associations, grant reasonable accommodations to rules, policies, or practices when such accommodations are necessary to afford a person with disabilities an equal opportunity to use and enjoy housing.” Refusing to waive “no pets” policies for support animals is viewed as discriminatory and a violation of Fair Housing laws.
“The decision is a victory for HUD, but an even greater victory for people with disabilities, said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity, as he was quoted in the press release. He adds, Not only does the decision reaffirm HUD’s authority to vigorously enforce the Fair Housing Act, it also reinforces the importance of protecting the rights of residents with disabilities to have the reasonable accommodations they need.”
The facts in this case as stated in the press release, are as follows: “In October 2014, HUD found that the Castillo Condominium Association, located in San Juan, Puerto Rico, violated the rights of a homeowner with disabilities by refusing to allow him to keep an emotional support animal as a reasonable accommodation to the Associations ‘no pets’ policy.”
The Department of Housing and Urban Development “ordered the Association to pay $20,000 in damages to the victim, who was forced to sell his condominium and find alternative housing as a result of the Associations discriminatory conduct. HUD also ordered the Association to pay a $16,000 civil penalty.”
The Association appealed the order to the First Circuit, but as HUD.gov reports, in early May 2016 the Court of Appeals “ruled against the Association, affirming HUDs finding that the Association violated the Fair Housing Act and ordering the Association to pay the damages and penalty.”
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Joe Wallace has been specializing in military and personal finance topics since 1995. His work has appeared on Air Force Television News, The Pentagon Channel, ABC and a variety of print and online publications. He is a 13-year Air Force veteran and a member of the Air Force Public Affairs Alumni Association. He was Managing editor for www.valoans.com for (8) years and is currently the Associate Editor for FHANewsblog.com.
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