Major Settlement Reached in Emotional Support Animal Records Case
- At March 10, 2020
- By fhfla
- In News
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The Fair Housing Center of the Greater Palm Beaches (FHC) has won a major victory in it’s fight to stop housing discrimination in Palm Beach County after a lawsuit filed against Castle Management and the Pines of Delray Condominium Association. The lawsuit and subsequent settlement came after a complaint filed with the FHC by Gregory Raheb. The defendants, who admitted no wrong doing, agreed to fair housing training in addition to confidential monetary relief in order to settle allegations of housing discrimination, based on disability.
The complaint alleges that Raheb’s doctor recommended that he obtain an emotional support animal due to his disability. In response to medical advice he adopted Harrison in 2012, a 12-pound toy Manchester Terrier. Harrison, who is 8 years old, ameliorates the symptoms of his disability.
The complaint alleges that on or about July 30, 2018, Mr. Raheb entered into a contract to purchase a condominium unit at the Pines of Delray, located in Delray Beach with a closing date the following September. He completed the application and informed the Administrative Assistant at Pines of Delray, who also worked at Castle Management, that he had an Emotional Support Animal, and requested paperwork for his animal. In addition, Mr. Raheb further provided a letter from his physician, veterinarian records for his Emotional Support Animal, and photographs of his Emotional Support Animal.
But late in the month of September and well after the closing date the complaint alleged that Mr. Raheb received a letter from the Pines of Delray HOA Attorney advising that the documentation provided was insufficient, and demanded additional documentation into the nature and extent of Raheb’s disability including but not limited to the following inquiries:
- Specifically identify the disability from which you suffer which necessitates an emotional support animal on the basis of disability.
- Please identify the exact medical diagnosis you’ve received, as well as the approximate date when you were diagnosed with the condition, and please provide the name and contact information for the doctor who diagnosed the condition.
- State, with specificity, how the presence of an emotional support animal in the condominium can mitigate the symptoms associated with the condition.
Mr. Raheb contacted the FHC, which counseled Raheb and provided him a certification form for his doctor to complete. Raheb forwarded that certification and Fair Housing guidance, provided by FHC staff, to Castle Management staff and implored them to follow the Fair Housing Act. It is alleged in the complaint that the Castle employee advised Rabeb that the board will not approve his request until they hear from the attorney, and that this is the same process that other buyers who have an emotional support animal had to go through.
It is alleged in the complaint that FHC staff contacted the HOA Attorney directly and sent him a letter advising him of the request for accommodation with the doctor’s certification on behalf of Rahab. The complaint alleges that the primary reason for the denial of the accommodation was the preference of Pines of Delray’s for cats, rather than dogs to assist with Raheb’s disability.
“Housing providers are not entitled to medical records, list of medications or diagnoses” stated Bobbie Fletcher, FHC Vice President. The FHC will not tolerate housing discrimination against persons with disabilities period.”
The complaint alleged that the actions of Pines of Delray and Castle Management, as described above, constituted a pattern, practice, and policy of housing discrimination on the basis of disability by invasive inquiries on prospective buyers who request an assistance animal.
“We commend Mr. Rahab for standing up for his rights” stated Vince Larkins, FHC President & CEO. “Mr. Raheb, those like him, as well as watchdog fair housing organizations such as the FHC, according to the Supreme Court in Trafficante v. Metro. Life Ins,’….act not only on their own behalf but also as private attorneys generals in vindicating a policy that Congress considered to be of the highest priority” he further stated.
The plaintiffs were represented by Matthew Dietz, Esq., Litigation Director of the Disability Independence Group, who specializes in this area of fair housing litigation.
If you are a housing provider and are in need of training pertaining to your obligations and responsibilities under federal, State and local fair housing laws and ordinances contact the FHC at 561-533-8717.
