ESA Weekly News Report July 6th: Allergies vs Emotional Support Dog, Who Wins?

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  • ESA Weekly News Report July 6th: Allergies vs Emotional Support Dog, Who Wins?

By: Rita Cunha Updated: December 4, 2020

emotional support dog laws

In today’s emotional support animals news report, we’re covering a never-before-seen ruling. In just a few words, it involves the Iowa Supreme Court, an allergy-prone neighbor, and a furry ESA. What could go wrong? Keep reading to learn all about this case!

Iowa Supreme Court Rules Against ESA and Owner

The Iowa Supreme Court ruled on a unique housing dispute on June 30, 2020. For three years, the case had dragged on in lower courts. Now, an Iowa landlord will have to pay an allergy-prone resident reparations for her health troubles—all because of an ESA who lived nearby.

Karen Cohen signed a one-year lease from July 2016 to July 2017 for her new apartment. Cohen suffers from severe allergies to pet dander and cannot be around pets. She chose the building partly because it had a no-pets policy, thus protecting her health.

At the same time that she moved in, so did David Clark, who had signed his lease two months after Cohen. Clark showed the landlord an ESA letter from his psychiatrist stating he needed a support dog by his side. Under the Iowa Civil Rights Act and the Fair Housing Act, the housing provider had to accept this request.

Soon after, Cohen’s health started deteriorating. She got a stuffy nose, swollen sinuses, and mucus build-ups. Despite the landlord’s efforts to make reasonable accommodation for her, the problems did not subside.

Later in September 2017, Karen Cohen sued both her housing provider and David Clark. She claimed the ESA’s presence was in breach of the no-pets policy. Moreover, Cohen alleged she could not enjoy her quiet apartment because Clark’s dog was too noisy.

The case was first dismissed in a small-claims court and later heard at a district court. Yet, this still did not satisfy all parties involved. Finally, this year, the Iowa Supreme Court issued a final ruling in favor of the plaintiff, Karen Cohen.

The court’s chief justice said in his review that because Cohen had signed her lease first, she had priority. Thus, the landlord should not have accepted David Clark’s request for an ESA, despite it being sanctioned under state and federal law. In other words, the first tenant’s allergies had priority over the second tenant’s mental health need for an ESA.

Source: https://eu.press-citizen.com/story/news/crime-and-courts/2020/07/02/iowa-tenant-wins-iowa-supreme-court-case-over-support-animal/5351414002/

CertaPet’s Thoughts on This Week’s News

This is certainly a complicated and unique decision involving emotional support animals. Part of the reason why the ruling took so long is that this is a tricky case. CertaPet’s clinical director, Prairie Conlon, even called the ruling “the first of its kind.”

If you live with a mental health disorder, getting an ESA could be of great help to you. We’re here to help you better your mental wellbeing. That’s why we take care of the complicated paperwork. All you have to do is take our 5-minute pre-screening test for free. We’ll put you in touch with a licensed mental health professional who, if you qualify, will issue your very own ESA letter!


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