A veteran who claimed that he was discriminated against by the administrative board of his condominium due to his need for a service animal has taken his charge to the next level. The U.S. Department of Housing and Urban Development (HUD) has charged Fox Point at Redstone and the property managers with discrimination.
Tom Burton, a Gulf War veteran who was prescribed an emotional support service dog, said the Fox Point Condos at Redstone charged him a pet registration fee and requested access to his medical records in order for him to keep his service dog at the condominium. Burton said the condominium association’s actions are acts of discrimination against him because of his disability and are in violation of the Americans with Disabilities Act.
“The policies they currently have in place are illegal,” said Burton, who no longer lives in the condominium because the owner would not renew his lease. “They said a service animal is not allowed on the property without the board’s approval and took the registration fee for my service animal out of my housing deposit.”
HUD has charged Fox Point at Redstone Association, Inc,. Property Management Systems, Inc. and property manager Derek Peterson with discrimination.
“We are bringing charges on behalf of Mr. Burton on the violation of the Fair Housing Act, which states reasonable accommodations be made for those with disabilities,” said Jane Goin, spokesperson for the U.S. Department of Housing and Urban Development. “It is discrimination to make him pay a fee for his service animal or require access to his medical records.”
According to Goin, 48 percent of cases filed with HUD are disability discrimination cases such as Burton’s.
Fox Point at Redstone’s lawyer, Lincoln Hobbs, said the condominium’s policy is to allow renters to have an animal if they establish their need for one.
“We were unaware Mr. Burton even had an animal until another renter saw it running around off leash,” Hobbs said. “Mr. Burton then asserted he had a disability. The Fair Housing Act states that if a disability is not apparent, documentation can be requested.”
Hobbs said once Burton submitted the requested documentation, the condominium association took back its request for medical records access and attempted to accommodate him, allowing him to keep the dog in his unit.
“As for the fee, we require every animal to be registered and receive tags, that’s what the $150 fee is for. Even the owner of the condos would have to pay that,” he said. “We charged the owner of the condo, not Burton, with that fee and with a fine because the dog was barking and off leash on Fox Point property. The owner did not pay because he said it was Mr. Burton’s responsibility.”
Burton said the condominium owner refused to renew his lease, but according to Hobbs, the owner intended to sell it, which is why the lease was not renewed.
“In no way did anyone discriminate against Mr. Burton. The condo association never tried to interfere with him keeping the service animal,” said Hobbs, who has filed to have the case heard in federal court instead of in front of an administrative law judge.
Burton said he hopes the charges will stop Fox Point from discriminating in the future.
A court date has not been set.