The Department of Housing and Urban Development has filed a complaint against a Shawnee apartment complex and its managers saying a disabled veteran was illegally denied the ability to rent there because of his emotional support dog.
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In a news release Tuesday, HUD announced that Fox Run Apartments, LLC, which owns a 515-unit complex at 7513 Goddard St., and its managers from Peterson Properties would be facing a charge of violating the Fair Housing Act. The act, first passed in 1968, contains provisions aimed toward protecting people with disabilities from being discriminated against in obtaining housing.
“Assistance animals provide people with disabilities, including our country’s veterans, the support they need to enjoy the benefits of housing,” Demetria L. McCain, the principal assistant deputy secretary for fair housing and equal opportunity, said in a statement. “HUD is committed to taking appropriate action when housing providers fail to comply with the Fair Housing Act.”
A representative for the apartments could not be reached for comment. A message left with the main business line on Tuesday evening was not immediately returned.
According to HUD, the veteran — who has a mental health disability — toured a one-bedroom apartment at Fox Run in June 2020. The following day, he turned in an application saying he wanted to live there with his teenage son and their 70-pound Doberman.
Along with the application, HUD says the veteran submitted a letter from the Department of Veterans Affairs signed by a psychiatrist, which informed the apartment complex of the veteran’s mental health disorder. It also said the presence of the dog was “necessary for his emotional/mental health,” according to the court filing.
Under the policies set by the apartment complex, the complaint says animals are not supposed to weigh more than 25 pounds. Managers for the property reviewed the veteran’s request for accommodations and gave him a conditional move-in date, the complaint says, but later determined that the veteran should go through another verification process HUD contends was “unnecessary.”
During that process, HUD says the veteran’s approval for the apartment was suddenly revoked because the doctor who issued the letter explaining the situation was on vacation and unable to respond to a follow-up review.
At the time, the veteran had already prepared to move out of his old apartment. As a result, the veteran was forced to quickly find new housing elsewhere at a higher rate and forfeited a $50 application fee paid to Fox Run, the complaint says.
HUD is calling for Fox Run to pay damages to the veteran for emotional distress and discrimination along with other financial costs related to changing apartments. An administrative law judge will hear the case unless one of the involved parties decides to take the matter to federal court.
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