Her psychiatrist recommended emotional support animals
Landlords To Pay $20,000 In Emotional Support Animal Case
Two Wisconsin landlords will pay $20,000 to settle an emotional support animal case involving cats and rats, that that accused them of discriminating against tenants who have emotional support animals, according to the Milwaukee Journal Sentinel.
A federal complaint filed in November 2024 accused landlords Tammy Estrada and Ramiro Estrada of violating the Fair Housing Act after denying tenant Ashlee Crosno’s request to keep two cats and three rats obtained after her psychiatrist recommended emotional support animals.
The complaint alleged that the Estradas denied the request and retaliated against Ashlee Crosno and her husband, Michael, when they attempted to exercise their rights under the Fair Housing Act, among other violations.
Under the law, landlords generally must allow tenants to keep an emotional support animal if they provide documentation of a disability from a licensed health professional.
The psychiatrist recommended the emotional support animals on April 4, 2022, after which the Crosnos acquired the animals. On Jun 29, 2022, Ms. Crosno wrote to Tammy Estrada requesting the accommodation.
According to the complaint, the Estradas rejected Crosno’s request, saying that only one emotional support animal was allowed, imposing additional pet fees and fines, and later threatening eviction, even though Crosno twice provided supporting documentation from her psychiatrist. Crosno’s lease did not impose a limit on the number of animals a tenant could have, nor did it distinguish between pets and emotional support animals.
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In generally, emotional support animals are not legally seen as pets, rules for pets generally do not apply, and reasonable accommodation requests can be made before or after acquiring emotional support animals.
The complaint also said Tammy Estrada called Crosno’s psychiatrist and threatened to report him for supporting her request.
The Estradas did not admit liability as part of the settlement, and the claims in the complaint remain allegations only.
The U.S. Department of Housing and Urban Development initially investigated Crosno’s complaint and issued a charge of discrimination before referring the case to the U.S. Department of Justice.
Crosno told the Milwaukee Journal Sentinel her animals help her cope with sleepless nights, panic attacks and depression. She said her rats’ playfulness motivates her and eases feelings of loneliness, while her cats’ soothing weight on her chest calms her anxiety.
As part of the settlement the Estradas must complete fair-housing training to settle the federal lawsuit that accused them of discriminating against tenants with emotional support animals.
Source: Rental Housing Journal
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