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  • 8/7/2019 Advisory Letters

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    y By outright denying the sisters the opportunity to live in a dwelling thatdoes not qualify for the Ms.Murpy exemption, you will likely be found

    in violationofthe federal fair housing statute.

    y By offering the sisters a new lease allowing them to have the dog iftheyessentially pay for whatever damage caused by the animal, Mrs.Hoyt

    will likely be found in compliance with the federal statute

    I would not recommend pushing a requirement that the dog attended a schoolthat specially trains animals for guide purposes, because the facts presented to

    me in this situation indicate that the dog already has proper trainingfor his

    purposes ofthe sisters being afforded an equal opportunity to use and enjoy a

    dwelling.

    o Identify proposed course ofaction FHA refusing to renew the lease and not providing them with a lease that

    reasonably accommodates their need to use a dog, Mrs.Hoyt will likely be

    found to have in engaged in discriminatory housing practices with regard to the

    sections ofthe FHA detailing that all rules, policies, etc must be modified to

    allow for reasonable accommodationofa disabled tenant.

    Pacifica FHA by denying the sisters use oftheir guide dog, Mrs.Hoyt wouldlikely be found to have engaged in discriminatory practices under section 101 of

    the Pacifica fair housing act. Although the animal was trained by their brother,

    the statute doesnt require the animal to have been trained and certified by a

    specialized school.Merely the dog must be specially trained. Here, Pierre barks

    whenever someone knocks on the door, the phone rings, or

    L.C. Equal Opportunity Ordinance Mrs.Hoyt not renewing the lease will likelynot violate the local municipality ordinance. The ordinance expressly prohibits

    the landlord from denying hearing impaired individuals housing b/c that person

    owns a guide animal. However, it includes a couple ofcaveats

    o 1) Provided the tenant is liable for damages caused by the dog This is the element at issue and it clearly works in yourfavor.

    y As ofnow there innothing in the lease thatexplicitly requires the sisters to pay for the

    damage caused by the dog.

    y This is important especially ifthe dog is usingthe bathroom in a common hallway.

    o A landlord has to have that cleaned orelse other residents donot want to live

    there.

    o Further ifthe dog pisses in the hallway,it probably pisses in the apartment as

    well. which will probably require

    additional cleaning above and beyond

    what is normally required from the

    normal wear and tare after renters

    vacate an apartment.

    o 2) The landlord is not required to modify the premises.o Not really at issue here b/c their wasnt an issue with the dog before

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