A settlement agreement has been reached with the current and former owners of Midtown Motel, LLC, a residential rental property in Dansville, NY, who were named as defendants in a Fair Housing Act complaint. United States Department of Housing and Urban Development (“HUD”) alleged that the New York landlords discriminated against Cheryl Martinez based on her disability by refusing to rent to her because of her assistance animal. Read the federal court complaint here.
Martinez’s emotional support dog, an American Staffordshire Terrier, was prescribed by her primary care physician as part of a therapeutic plan to treat her psychiatric conditions. Defendants Midtown Motel, LLC, Barbara Oldfield, and David Oldfield were accused of these Fair Housing Violations:
- 42 U.S.C. § 3604(f) (1) by making housing unavailable to Martinez on the basis of her disability when they threatened her with eviction because of her emotional support animal. 42 U.S.C. § 3604(f) (1). 42. Defendants
- 42 U.S.C. § 3604(f)(2) by subjecting Martinez to different and less favorable terms, conditions, or privileges of sale or rental of the subject property on the basis of her disability by refusing to allow her to live at the rental unit because of her emotional support animal.
- 42 U.S.C. § 3604(f)(3) by failing to modify their policies upon learning that her dog was an assistance animal, and such accommodation would have provided her an equal opportunity to enjoy the dwelling as tenants without disabilities. 42 U.S.C. § 3604(f) (3).
HUD claimed that Martinez is an “aggrieved person” as defined in 42 U.S.C. § 3602(i) and suffered injuries as a result of the landlord’s discriminatory actions which were intentional, willful, and taken in disregard of her rights.
Ms. Martinez was homeless and seeking affordable housing when she agreed to rent a unit at the Midtown Motel. However, upon learning of her emotional support animal, the property manager asked her to vacate the unit.
The consent decree, agreed to by the U.S. Government and Midtown Motel’s past and present owners, requires the current owner of Midtown Motel to maintain non-discriminatory policies, provide Fair Housing Act training to employees, and submit to compliance and reporting requirements for two years. In addition, the former owners of Midtown Motel paid Ms. Martinez $30,000 in damages.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status (having one or more children under 18), national origin and disability. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at fairhousing@usdoj.gov, or submit a report online at www.civilrights.justice.gov. Victims may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
To prevent emotional support animal lawsuits, view New York landlord attorney. Robert Friedman’s seminar video or call him at 716.542.5444.
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