A Shiawassee County man and his fiancée wanted to live together. Carter* was just a few months into his lease agreement at an apartment complex in Owosso when he attempted to add Jenny* to his lease. But Jenny’s application was denied—because she had an emotional support animal (ESA).
Carter had already been living with his own ESA, which the apartment complex said they would not permit because they were a “no pets” property. Eventually, they relented, telling Carter he could keep his own animal, but that they would not renew his lease and certainly wouldn’t add a new household member with their own ESA.
The apartment complex acted as though their “no pets” policy superseded the Federal Fair Housing Act, but no housing provider can implement a policy that unlawfully discriminates against residents or prospective tenants because of their mental/emotional disability.
Our testing revealed that the apartment manager told prospective renters that they would not accept assistance animals of any kind.
Carter and Jenny chose to work with FHC Cooperating Attorney Francyne Stacey to file a lawsuit in Federal Court. They may have lost their preferred housing, but their case settled for an undisclosed amount.
Carter and Jenny knew the law was on their side, and speaking up helped send a message to Shiawassee County and beyond—housing providers cannot use “no pets” policies to circumvent the law. Their story will open up housing opportunities for other mid-Michigan residents with ESAs.