Today, we’re bringing you another report of our weekly emotional support animal news. We’re covering a story that has been in the making for years: a surprising court decision in favor of a landlord. Brew a cup of coffee, get a seat, and join us to get up to date with the ESA news world.
Indiana Court Decides Against ESA Owner
On March 30, 2020, an Indiana court decided against Shelley Linder, a renter with an emotional support animal. The dispute with her former landlord had gotten to court in 2018. Since then, both sides have fought for a verdict. Now, a final decision was issued by the state’s Court of Appeals.
In 2017, Shelley Linder signed a lease for a rented apartment in Indiana. She agreed to a no-pets policy that, if broken, would cost her $500 and an eviction.
Five months later, Linder reached out to her housing provider about getting an emotional support animal. She showed Furbee Properties LLC a letter from her therapist. It stated Linder needed the companion of an animal to alleviate the symptoms of her mental health disability.
Despite having this document, the housing provider pushed back. Furbee Properties LLC asked for additional information. The company was interested in learning what Linder’s disability was. It also raised concerns over the authenticity of the document.
Linder did not respond to the enquires made by Furbee Properties LLC. Yet, she brought home a cat. Upon learning this, the housing provider terminated her lease, evicted her, and fined her $500.
The Indiana Civil Rights Commission promptly took the case to court. They argued Furbee’s questions had been intrusive, unnecessary, and discriminatory. The argument was that Furbee had violated the Fair Housing Act (FHA).
Still, the Indiana Court of Appeals unanimously decided against Linder. The judges found that Linder should have disclosed her disability. Moreover, they declared the letter from the therapist lacking in information for not disclosing what symptoms the ESA would help alleviate.
Source: https://www.theindianalawyer.com/articles/reversal-landlord-didnt-have-enough-info-to-consider-emotional-support-cat
CertaPet’s Thoughts on This Week’s News
The Fair Housing Act is sometimes unclear over what questions can and can’t be asked by a landlord to a tenant. In most cases, housing providers do not request that information from their future tenants. However, when they do, it’s best to open a line of dialogue and complete any additional information needed.
That being said, a landlord cannot ask what your disability is as this is a violation of the FHA. So while we understand the case ruling in regards to the tenant needed to have completed any additional information the landlord requested, we are unsure why it was deemed acceptable for the landlord to ask about the disability.
Nonetheless, we wish Shelley and her emotional support kitty all the best from here on out.
If you suffer from a mental illness, getting an emotional support animal is a great idea. CertaPet can help you navigate the bureaucracy. To get started, take our 5-minute pre-screening test for free. We’ll put you in touch with a licensed mental health professional. They will have a consultation with you, assess your mental health state and (if you qualify), issue your ESA letter. It’s that simple!