Has Your Massachusetts Landlord Denied Your Right to Have an Emotional Support Animal?

by | May 17, 2022 | Landlord Tenant Law |

A New Hampshire tenant was awarded $35,000 from the John J. Flatley Company, which owns and runs apartment complexes in Massachusetts and New Hampshire, after an apartment complex wouldn’t let the tenant’s emotional support dog stay on the property, said federal prosecutors.

The company was accused of violated the Fair Housing Act in its refusal to accommodate the tenant’s disabilities of depression and anxiety, said acting U.S. Attorney John Farley on Tuesday.

A U.S. District Judge Joseph Laplante approved a consent decree resolving claims that the John J. Flatley Company violated the Fair Housing Act.

As part of the resolution, the company, without admitting liability, agreed to pay the tenant $35,000 and to enact policies at its New Hampshire properties in compliance with the Fair Housing Act, according to a press release from the Department of Justice. The company must also complete training on the Fair Housing Act.

The Fair Housing Act bans discrimination in housing due to race, color, national origin, religion, sex, familial status and disability, according to the U.S. Department of Housing and Urban Development website.

“We are pleased that the company has agreed to resolve this matter and is now instituting policies and conducting training so that individuals with disabilities are given equal housing opportunities. As this case demonstrates, the U.S. Attorney’s Office is committed to protecting the rights of individuals with disabilities and will vigorously enforce federal civil rights laws in the Granite State,” Farley was quoted in the press release.

A New Hampshire tenant was awarded $35,000 from the John J. Flatley Company, which owns and runs apartment complexes in Massachusetts and New Hampshire, after an apartment complex wouldn’t let the tenant’s emotional support dog stay on the property.

The tenant filed a complaint  with HUD after the company and a property manager allegedly said they would allow an emotional support animal so long as it is not a dog, according to a Department of Justice press release issued in April.

After the complaint was received, the U.S. filed a lawsuit against the company and a property manager on behalf of the tenant on April 9.

The tenant had been using the dog, named Molly, as an emotional support animal for several years.

If you have been denied access because of your service animal, or have been denied a reasonable accommodation to keep an animal needed because of a disability, you may contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.

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