We’re back with the latest emotional support animal weekly news report.
This time, we’re looking at an Indiana Court of Appeals decision that could change a lot of disabled renters’ lives. Can a landlord really ask their tenant what their disability is? Keep reading to get the full scoop!
Eviction Finalized Over Undisclosed Disability
In March 2020, the Indiana Court of Appeals finally made a decision on a case that had been ongoing since 2018. It decided that Shelly Linder had been rightfully evicted from her rented apartment. In the court’s decision, Linder should have given the housing provider more information about her disability. The case is now setting a precedent for how ESA requests in rented housing should be handled in the state.
The issue dates back to December 2017, when Shelley Linder was evicted from her rented unit. Earlier that year, she had put in a request for an emotional support cat. Linder showed the housing provider, Furbee Properties LLC, a letter from her therapist. It stated that Linder would need an emotional support animal to alleviate her symptoms.
Furbee Properties asked the tenant what her disability was and what symptoms needed to be alleviated. It also asked to speak with the therapist. Linder, however, did not comply with the request and adopted her emotional support cat nonetheless. When the housing provider found out that the cat was living in the unit, it issued an eviction order.
At first, the Indiana Civil Rights Commission filed a complaint on behalf of Shelly Linder. It stated that Furbee Properties LLC had discriminated against the tenant because of her disability, thus violating the Fair Housing Act. The lower level court agreed and ruled that Shelley should not have been evicted from the property or denied reasonable accommodation. It issued a statement claiming the housing provider asked invasive questions about the disability, which the tenant did not have to answer.
Yet, everything changed when the case got to the Indiana Court of Appeals. There, the judges on the case sided with Furbee Properties LLC. They determined that the therapist’s letter was too vague and did not outline any disability or symptoms. Thus, the housing provider was entitled to know Shelley Linder’s disability—or at the very least, what symptoms she suffered from that could be alleviated by the presence of an ESA. Only then could Furbee Properties LLC assess the request for an ESA.
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
Reading this case, one realizes how much housing laws vary from state to state. Whereas in some states landlords cannot ask their tenants about their disabilities, in Indiana, it seems that they can. At least that is the decision coming to us from the Indiana Court of Appeals.
We are all for tighter scrutiny of emotional support animals—it’s the only way we can stop the fake ESA epidemic. So it’s best to follow your specific state’s laws when it comes to moving in with an ESA. In this case, Indiana tenants should have a frank conversation with their housing provider before adopting an ESA. This is key in avoiding long, drawn-out, legal confrontations.
If you live with a mental or emotional disability, getting an emotional support animal could help you. These loyal animals make your day-to-day more manageable. CertaPet is here to make the process of getting an ESA as easy and accessible as can be. Just take CertaPet’s 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional who will have a consultation with you. If you qualify, they’ll issue you an emotional support animal letter.