U.S. Attorney's Office Resolves Fair Housing Act Claims Against Snowmass Village Homeowners Association For Refusing To Allow Disabled Resident To Live With Assistance Dog

DENVER – U.S. Attorney Jason R. Dunn announced today that United States District Judge Daniel Domenico has approved an order resolving claims that Creekside Condominium Homeowners Association (Creekside HOA), located in Snowmass Village, Colorado, violated the Fair Housing Act when it failed to allow a resident with a disability to stay at the complex with her assistance dog. 

In a complaint filed in federal district court in Colorado last week, the United States alleged that Creekside HOA violated the Fair Housing Act when it repeatedly denied requests by the resident for an exception to the HOA’s “no dogs” policy to permit her to live with her assistance animal, a dog named Tallulah.  The resident had experienced anxiety and depression and acquired Tallulah to alleviate the symptoms of her disabilities.  The resident requested permission to live with the dog as a reasonable accommodation under the Fair Housing Act, and submitted numerous forms of documentation from mental health and medical professionals in support.  Creekside HOA repeatedly denied the requests, which forced the resident to live elsewhere for several months, including spending more than a week living in a van, until Creekside HOA finally agreed to permit the resident to live with her assistance animal at the complex. 

The United States further alleged in its complaint that in response to the resident asserting her rights under the Fair Housing Act, Creekside HOA retaliated against the resident by levying a $500 special assessment against each homeowner in the complex and informing homeowners that the reason for the special assessment was the resident’s request for a reasonable accommodation and potential litigation. 

To resolve the claims, the United States and Creekside HOA jointly submitted a consent order to the court, which Judge Domenico approved on January 7, 2020.  The consent order resolves the claims set forth in the United States’ complaint. Under the terms of the consent order, Creekside HOA must pay the resident $50,000, adopt policies regarding reasonable accommodation for individuals with disabilities under the Fair Housing Act, and train the HOA’s Board of Managers on the requirements of the Fair Housing Act.  The HOA also agreed to issue an apology to the resident.

“Housing providers are required by law to make reasonable accommodations for individuals with disabilities,” said U.S. Attorney Jason Dunn.  “We are pleased that this HOA is adopting policies and will conduct training that complies with the Fair Housing Act.  These are important protections to ensure that individuals with disabilities have equal housing opportunities.”

This lawsuit stems from a complaint that the resident filed with the United States Department of Housing and Urban Development (HUD), which, after an investigation by HUD’s Office of Fair Housing and Equal Opportunity (FHEO), found reasonable cause that discrimination and retaliation had occurred.  The resident made an election under the Fair Housing Act to seek to have the Department of Justice, through the U.S. Attorney’s Office, file a complaint on her behalf. 

The United States Attorney’s Office for the District of Colorado, the U.S. Department of Justice’s Civil Rights Division, and HUD’s FHEO all give high priority to the enforcement of the Fair Housing Act. Additional information about the Fair Housing Act can be found on HUD’s website at https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

This case was handled by Assistant U.S. Attorney Zeyen Wu.