HUD Charges Idaho RV Park Property Managers and Owner with Discriminating Against a Tenant with Disabilities

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Danielle Nourse, Joy Nourse, Zidec, LLC, and Decoy RV Park LLC, managers and owner of a 42 lot RV Park in Caldwell, Idaho, with discriminating against a tenant based on disability by refusing to allow her assistance animal to reside with her at the RV Park. Read HUD’s Charge here.

The Fair Housing Act (Act) prohibits discrimination based on disability, including the denial of reasonable accommodations that would otherwise allow a tenant with a disability an equal opportunity to use and enjoy their housing. A reasonable accommodation includes a waiver of pet weight restrictions and pet fee rules for assistance animals. 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 equally enjoy their homes,” said Diane M. Shelley, HUD’s Principal Assistant Deputy Secretary for Fair Housing and Equal Opportunity. “Today’s action reaffirms HUD’s unwavering commitment to holding housing providers accountable when they attempt to illegally restrict the use of assistance animals.”

“As this Charge shows, housing providers must make reasonable accommodations to restrictive pet rules for individuals with disabilities in need of assistance animals,” said HUD General Counsel Damon Smith. “HUD will continue to enforce the Fair Housing Act to ensure that individuals with disabilities have equal access to housing.”

HUD’s Charge of Discrimination alleges that the Complainant requested to live with her assistance animal in her residence at Decoy RV Park. The property manager imposed a weight restriction and fee on Complainant’s assistance animal. The Complainant requested a reasonable accommodation to Decoy RV Park’s restrictive pet rules under the Act. In response, the property manager issued the Complainant an ultimatum, “You will have to be gone by June 1st if you decide to keep the dog.” Eight days later, Decoy RV Park terminated the Complainant’s lease, forcing the Complainant to vacate the property with her assistance animal.

A United States 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 one or more violations of the Act has occurred, they may award damages to the Complainant for the harm she experienced because of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the 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). 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.