JACKSON, Wyo. — The U.S. Department of Housing and Urban Development (HUD) has charged the Spring Creek Homeowners Association (SCHOA), the governing body of approximately 131 residential units in Jackson, with discriminating against two homeowners because of their disability by imposing restrictions on their assistance animals.
When the homeowners filed a Fair Housing Act complaint, HUD alleges that SCHOA retaliated against the homeowners. The Fair Housing Act prohibits discrimination because of disability. A reasonable accommodation includes a waiver of rules restricting pets. The Act also prohibits retaliating against individuals because they have filed a complaint.
“Many people with disabilities rely on assistance animals to live in their homes and enjoy the benefits of their residential communities,” said Demetria L. McCain, HUD Principal Assistant Deputy Secretary for Fair Housing and Equal Opportunity. “HUD is committed to challenging impermissible attempts to limit use of assistance animals.”
HUD’s charge of discrimination alleges that SCHOA employed rules that limit residents’ rights with assistance animals. These included requiring documentation typically provided to certain airlines and permitting assistance dogs only to be walked outside the Spring Creek property and to relieve themselves on the property only in the early morning or late evening.
After the homeowners challenged these policies and filed a complaint with HUD, SCHOA sent a letter to all residents in the community admonishing the homeowners for attempting to circumvent the HOA’s arbitration provisions and publicly questioning the homeowners’ need for their assistance dogs.
A U.S. Administrative Law Judge will hear HUD’s charge unless any party to the charge elects to have the case heard in federal district court. If a judge finds that discrimination has occurred, the judge may award damages to the homeowners for their losses as a result of the discrimination.
The judge may also order injunctive relief and other equitable relief to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the case is moved to federal court, the judge may also award punitive damages.
People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing and www.justice.gov.
