On July 19, 2022, the HUD announced that it is charging Spring Creek Homeowners Association, the governing body of approximately 131 residential housing units in Jackson, Wyoming, with discriminating against two homeowners because of disability by imposing restrictions on their assistance animals and retaliating against them for filing a Fair Housing Act complaint.
The Fair Housing Act prohibits discrimination because of disability as well as retaliating against individuals because they have filed a fair housing complaint with HUD.
According to HUD's Charge of Discrimination, the Spring Creek Homeowners Association implemented rules that restricted the rights of residents with assistance animals, including requiring documentation commonly provided to airlines and allowing assistance dogsto be walked only outside the Spring Creek property and to relieve themselves on property only in the early morning or late evening. After the homeowners challenged these policies and filed a complaint with HUD, Spring Creek Homeowners Association sent a letter to all residents in the community admonishing the homeowners for attempting to circumvent the HOA’s arbitration provisions and publicly questioning the homeowners’ need for their assistance dogs.
If proven that discrimination has occurred, the court may award damages to the homeowners for their losses as a result of the discrimination, order injunctive relief and other equitable relief, to deter further discrimination, and/or impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.
The HUD’s full release can be found here.
The charge of discrimination can be found here.