Shadow Canyon Case Summary

United States of America and Intermountain Fair Housing Council v. Stealth Investments, LLC.  The United States alleged that Defendant refused to make reasonable accommodations for persons with disabilities in violation of the Fair Housing Act and published a notice with respect to rental of a dwelling that indicated a preference, limitation, or discrimination based on handicap.  Defendants also were alleged to have engaged in housing practices that discriminate on the basis of disability, including refusing to allow residents with disabilities to keep service dogs at Shadow Canyon Apartments. 

The parties entered into a Consent Decree to resolve the case.  Consent Decree terms were as follows.  The Defendants were enjoined from discriminating in the sale or rental of a dwelling to any buyer or renter because of handicap, enjoined from discrimination in terms, conditions, privileges, or provision of services or facilities b/c of handicap.  The Defendants were enjoined from refusing to make reasonable accommodations in rules, policies, practices, or services.  They were further enjoined from making, printing, or publishing a notice that indicates a preference, limitation, or discrimination based on handicap.  Defendants were required to adopt and implement a written policy that permits a resident at defendants’ rental properties with a disability to keep an assistance animal in his or her rental property and on the premises.  The policy could not be conditioned on compliance with the following requirements: In the case of an assistance animal that ameliorates the effects of a mental or emotional disability, that the animal have been trained or have a certification of its efficacy, or that the resident must pay any fee, deposit, or other charges for keeping the animal.  Defendants were required to notify each resident in writing of the new policy and must apprise each employee of the obligations under the Consent Decree.  Within 90 days, all employees and agents of Defendants were required to attend a training program regarding the disability discrimination provisions of federal, state, and local fair housing laws.  The Defendants had to report annually regarding requests for animals received by defendant and information regarding any denials of such requests.  Finally, the Defendants had to pay the individual complainant $7,500; had to pay $17,000 to Intermountain Fair Housing Council; and $12,500 into an escrow account for any other aggrieved parties and had to publish a “Notice to Potential Victims of Housing Discrimination.”  The Defendants additionally had to pay a civil penalty of $25,000 to the United States. 

 

"The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government."

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