Flatley Company settles complaint alleging housing discrimination; agrees to pay plaintiff $35k

CONCORD — “Molly,” the emotional support service dog banned earlier this year from living with her owner in a Nashua apartment owned by The Flatley Company, has now been given the OK to live there, according to a settlement called a “consent decree” that U.S. district Judge Joseph Laplante approved Monday.

The tenant, who is not identified, filed a complaint with the U.S. Department of Housing and Urban Development (HUD), alleging that the Flatley company and a property manager employed by the company were violating the federal Fair Housing Act by refusing to allow tenants to have dogs as emotional support animals.

HUD officials and representatives of The Flatley Company recently reached an agreement to settle the matter through a consent decree, which is a type of settlement that resolves a dispute without any admissions of liability.

In this case, Flatley agreed to pay the tenant $35,000, complete FHA training, and enact reasonable accommodation policies for its New Hampshire residential properties that comply with the FHA, according to a statement issued by the office of Acting U.S. Attorney for New Hampshire John J. Farley.

According to the complaint, which was filed in April, the unidentified tenant has had an emotional support dog for several years, since being diagnosed with anxiety and depression.

But when she leased an apartment at one of Flatley’s properties in Nashua, a property manager told her she could have an emotional support animal – but not a dog, according to the complaint.

Farley didn’t say which of Flatley’s apartment complexes the tenant lives in, other than it’s in Nashua.

“Under the Fair Housing Act, landlords must make reasonable accommodations for tenants with disabilities,” Farley said in the statement.

“We are pleased that the company has agreed to resolve this matter and is now instituting policies and conducting training so that individuals with disabilities are given equal housing opportunities.

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“As this case demonstrates, the U.S. Attorney’s Office is committed to protecting the rights of individuals with disabilities and will vigorously enforce federal civil rights laws in the Granite State,” Farley added.

Added Demetria L. McCain, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity, “protecting the rights of individuals and families when their fair housing rights are violated is central to HUD’s mission.

“HUD commends the Department of Justice for reaching this settlement and for pursuing allegations of fair housing violations,” McCain added.

Farley and McCain noted that the FHA prohibits housing discrimination based on race, color, religion, sex, familial status, national origin and disability.

They urge anyone who believes they may have experienced discrimination in housing to call the Housing Discrimination Tip Line at 800-896-7743; call HUD at 800-669-9777; or contact the Department of Justice at fairhousing@usdoj.gov.

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Dean Shalhoup may be reached at 603-594-1256 or dshalhoup@nashuatelegraph.com.

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