The U.S. Department of Housing and Urban Development (HUD) has charged Lakeview Avenue, LLC (“Lakeview”) in Rensselaer, New York, and its employees with violating the Fair Housing Act by refusing a tenant’s request for a disability-related reasonable accommodation to keep an assistance animal and subjecting the tenant to retaliation for requesting a reasonable accommodation. Read the Charge.
The Fair Housing Act legally outlaws discrimination and retaliation based on disability, including the failing to grant reasonable accommodations and interfering with tenants' rights protected by the Act.
HUD’s charge alleges that Lakeview refused a tenant’s request to allow her disabled child to have an assistance animal in her unit. Though they provided medical documentation documenting the child’s need for the animal, Lakeview still denied the reasonable accommodation and impose onerous and discriminatory conditions. After another request for a reasonable accommodation, the tenant received a notice to vacate her unit and had to move to another, more expensive, apartment within her daughter’s school district
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 an administrative law judge finds, after a hearing, that discrimination has occurred, they may award damages to the individuals for their losses as a result of the discrimination, injunctive relief and other equitable relief to deter further discrimination, payment of attorney fees, and civil penalties. If the federal court hears the case, the judge may also award punitive damages to the Complainants.
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. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at 800-877-8339.
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