The U.S. Department of Housing and Urban Development (HUD) has charged Ronit Mecham and Voyl “Tom” Mecham, the owner and property manager of a dwelling in Jamestown, New York, with violating the Fair Housing Act by refusing to allow a tenant with a disability to live with her assistance animal. Read the charge here.
The Fair Housing Act outlaws discrimination based on disability. Such discrimination includes refusing to provide reasonable accommodation so that persons with disabilities can enjoy their housing. A reasonable accommodation includes waiving a “no pet” policy for assistance animals, which was violated in this case. The Act also prohibits statements that indicate a preference or limitation based on disability.
“Assistance animals provide people with disabilities the support they need to enjoy the benefits of their housing,” said HUD’s Principal Assistant Deputy Secretary for Fair Housing and Equal Opportunity. “HUD is committed to zealously enforcing the Act to protect the rights of individuals with disabilities.”
HUD’s Charge alleges that Respondents denied the tenant’s request for an assistance animal and then required her to either terminate the lease early or leave when the lease term ended. Although the tenant offered to submit medical documentation supporting her request, the owner-managers stopped communicating with her instead. The charge also alleges that the owner-managers made comments indicating a preference for non-disabled tenants.
A U.S. Administrative Law Judge will hear HUD’s Charge unless either HUD or the accused owner-managers chooses to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the individuals for their losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief to deter further discrimination, payment of attorney fees, and civil penalties. If the federal court hears the case, that judge may also award punitive damages to the complainant.
People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY) or the U.S. Department of Justice at (800) 896-7743 or 202-514-4713. More info is available at www.hud.gov/fairhousing and www.justice.gov. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact HUD using the Federal Relay Service at (800) 877-8339.
*****
Sources:
HUD press release email, September 18, 2023.
Read the September 18, 2023 HUD press release.
