HUD Charges Florida Property Owner, Management Company, and Property Manager with Disability Discrimination

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Tallahassee, Florida, housing providers Greenbriar Partners, LLC, Jackson Properties and Financial Services, LLC, and Erwin D. Jackson (the “Respondents”) with violating the Fair Housing Act by failing to grant a tenant with a disability a reasonable accommodation to allow the tenant to live with an emotional support animal. Read the Charge here.

The Fair Housing Act (“the Act”) prohibits discrimination because of disability, including the denial of reasonable accommodations. Individuals with disabilities have the right to reasonable accommodations when such accommodations are necessary to afford them equal access to their home, including the use of assistance animals.

“Persons with disabilities must be able to enjoy their dwelling in a safe and accessible manner,” said Diane M. Shelley, HUD’s Principal Deputy Secretary for Fair Housing and Equal Opportunity. “Today’s action is a reminder that violating these rights is not only unacceptable, but it is also illegal.”

“The Fair Housing Act requires housing providers to make reasonable accommodations necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling,” said Damon Smith, HUD General Counsel. “The Department will take action to ensure housing providers comply with their obligations to provide necessary reasonable accommodations.”

HUD’s Charge of Discrimination alleges that the Respondents failed to grant the Complainant’s requested reasonable accommodation for an assistance animal. That denial led to economic loss, lost housing opportunity, and emotional distress. The Charge of Discrimination also alleges that the Respondents violated the Act when they threatened the Complainant with an eviction because of her reasonable accommodation request.

HUD's Charge will be heard by a United States Administrative Law Judge (ALJ) unless any party to the Charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that a violation of the Act has occurred, they may award damages to the Complainant for harm caused by discrimination. The ALJ may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the ALJ may impose fines to vindicate the public interest. If the matter is decided in federal court, the Federal Court judge may also award punitive damages.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More 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.