Welcome to the CertaPet Newsletter, your preferred source for the latest developments in the Emotional Support and Service Animals community. In this edition, we dive into the story regarding The U.S. Department of Housing and Urban Development’s (HUD) charges against PadSplit, Inc., based in Georgia.
Georgian Landlords Face Legal Troubles After Denying A Hearing Impaired Tenant The Use Of A Service Dog
According to the charge of discrimination put forward by the HUD’s Office of Hearings and Appeals, the tenant (whose name remains confidential) entered into a contract with PadSplit, Inc. in Jan 2020.
At this time, PadSplit was aware the tenant was legally deaf. On Jan 17, 2020, the tenant emailed PadSplit a reasonable accommodation request for her Service Animal, Lady. Soon after, the property manager, Erin Willbanks, replied to the email asking what the tenant’s dog was trained to do.
The tenant’s email, dated Jan 22, 2020, revealed her Service Animal was trained to help her be aware of her surroundings and let her know if someone was at the door.
A day later, she sent another email highlighting her need for a Service Animal after her car was broken into. The tenant claimed the police and housemates who knocked on her door failed to alert her. She explained that since then, she hadn’t felt safe without a Service Animal to bark or wake her up in emergencies.
On Jan 27th, an email sent by Hannah Hill, PadSplit’s employee, informed the tenant of the company’s reasonable accommodation concerning Service Animals. The email informed the tenant the company required her to provide the following documents before they could approve the presence of a Service Animal:
- Proof of disability verification by a board-certified doctor, disability services, or any other government agency
- Doctor’s note prescribing a Service Animal or Psychiatric Service Dog
- Records of rabies vaccinations
The tenant informed the company she would present the requested documents and, in the meantime, also submitted a request to install a flashing doorbell due to her disability.
On April 30, 2020, the tenant emailed PadSplit her physician’s letter and Lady’s vaccination records. Days later, she also provided the company with a Certificate of Registration for her Service Animal, acquired from FreeMyPaws.com.
Erin Willbanks replied, stating that a certificate from the website wouldn’t suffice and that the tenant required documentation to prove her dog was a certified Service Animal. A few days later, the property manager emailed the tenant again, stating, “…The only way we will be able to let you have your service animal will be if you agree to follow the below rules:
1.) Your animal must be leashed inside the home in all common areas
2.)If you leave your home the animal must go with you. Your service can never be left alone in the home, and if it is, it can result in membership termination.
Do you agree to these terms?”
The tenant informed Willbanks that she couldn’t take her Service Animal to work as a rideshare driver. She also provided PadSplit with a certificate from USAnimalregistry.org. When her emails went unanswered, she asked why the company ignored her reasonable accommodation requests.
On September 2, 2020, PadSplit employee Toyin Adebayo emailed the tenant, stating that PadSplit was not required to provide any of her requested amenities due to the company being a management firm. This eventually led to the tenant moving out in Sep 2020.
CertaPet’s Thoughts on This Week’s News
Charges brought forth in the above case are slated to be heard by a US Administrative Law Judge unless one of the parties decides to opt for Federal District Court. We’ll keep you up-to-date on how the case moves forward.
If you’re living with a mental illness, getting an emotional support animal could really help your recovery. These loving animals could ease your symptoms and help you live a happier, fuller life. If you’re ready to start the process, take our 5-minute pre-screening test for free. We’ll connect you with a licensed mental health professional, who will have a consultation with you. Then, if you qualify, you’ll get your ESA letter in no time.