North Dakota Human Rights Coalition
Working to effect change so that all people in North Dakota enjoy full human rights
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North Dakota Human Rights Coalition Working to effect change so that all people in North Dakota enjoy full human rights |
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J. A. – Interviewed 7/15/04
In March, 2000, I moved into a one-bedroom apartment in Grand Forks, ND. I am disabled, and on April 9, 2001, I requested a reasonable accommodation for my assistive/therapeutic dog. I provided a note from my Psychiatric Nurse Practitioner indicating that my dog was necessary for my disability.
On April 16, 2001, the owner of the apartment building called me to tell me that I could not have my dog because “some tenants [were] deathly afraid or allergic to them”. He agreed to change the policy, pending a payment of $10.00 per square foot (or between $600 and $1,000) to replace the carpet when I moved out. He also stated that he “[knew] the carpet [would] have to be replaced when [I moved]”. He told me that my note would not stand up in court “because it was only written by a nurse”. Because I was in desperate need of an animal to help me with my disability, I acquired a dog.
On May 4, 2001, I received a message from the owner demanding that I return his call and stating that I could not have pets in my apartment. I called back, but he did not answer.
On May 7, 2001, the owner entered my apartment between 7:00 AM and 8:00 AM while I was sleeping. I heard a knock at the door and then heard the door open. I quickly got out of bed, threw on a shirt, and walked out to see who was in my apartment. The owner barked, “Now you don’t even answer the door”. I told him I was sleeping, and he quickly changed the subject. “We need to decide what we need to do with the dog,” he said. He asked if the dog was in the apartment. I told him that she was in the bedroom, sleeping. He asked if she was caged, to which I replied, “No”. I retrieved my dog from the bedroom and took her to the entry, where the owner was standing. The owner then said, “Oh, that’s her. I haven’t received any complaints about the dog. Are you willing to pay the money of $10.00 per square foot?” I replied that I could pay him, but that he’d have to wait until September, when I received my student loan check. He claimed that September was too late; that I could move out, unexpectedly, by then and that he wouldn’t get any of his money. I agreed to contact my mother to see about getting the money. He then left my apartment while saying, “See? We can all get along”.
At 11:30 PM on May 20, 2001, a man appeared at my front door, complaining about my dog. He claimed that my boyfriend and I neglected to clean up after the dog and that it barked all the time. I told the man that we always cleaned up after the dog and that it had barked only because he had knocked on the door. I added that I had talked to the owner and that I was allowed to have a dog in my apartment. The man then said, “Oh, you’re the one with the supposed disability”. This implies that the owner was discussing my disability with other tenants in the building.
While I was at work on May 22, 2001, my boyfriend received a call from a man who worked for the property company that managed the apartment building. The man on the phone asked for me. When my boyfriend asked if he could take a message, the man said, “Let her know either she gets rid of the dog or she leaves”. He also told my boyfriend that he’d had numerous complaints regarding my dog.
I returned the man’s call when I returned from work that evening. During the call, I inquired as to what the “numerous complaints” were. The man replied, “There was a lady who is deathly afraid of the dog and she had to get into the elevator with you and your dog. And my brother complained that you didn’t clean up after the dog and that the dog barks”. He then confirmed that the man who had harassed me at my apartment on May 20, 2001 was his brother. The man then claimed to own the building and ordered me to get rid of my dog. I threatened to file a complaint with the North Dakota Department of Labor. The man replied, “Well, Department of Labor doesn’t own this building. I own this building”. I informed him that the law requires the property management to make a reasonable accommodation, allowing me to keep my dog in the apartment. The man restated the claim that a note from my Psychiatric Nurse Practitioner was not satisfactory and that the company would not accept it. He then threatened me with eviction and hung up the telephone.
In June, 2001, I filed a discrimination complaint with the North Dakota Department of Labor’s Division of Human Rights. My complaint alleged discrimination on the basis of my disability, in that the property management company and the owner(s) of the building refused to allow me to keep my assistive/therapeutic animal and illegally charged me a carpet replacement deposit.
While the NDDOL was investigating my complaint, the owner(s) of the building took me to small claims court, alleging that I had been paying less than the required rent payment. I presented documents, as evidence, proving that I had paid the amount of rent printed in my lease agreement, and the case was dismissed without prejudice.
The investigation was concluded in October, 2002, over one year after the initial filing of the complaint. The NDDOL determined that probable cause existed to substantiate that a discriminatory housing practice had occurred. The owner(s) of the building refused to entertain any attempts to settle the matter. They also refused to return the carpet replacement deposit they had illegally and discriminatorily charged me; therefore, the NDDOL offered to hold an administrative hearing. By the time the NDDOL had made its determination, however, my lease had expired and the management had refused to allow me to renew it. I had already moved to another apartment and was no longer interested in fighting with the owner(s) and/or the property management company. I have since ceased all attempts to pursue the matter.
(This concludes the narrative provided by J. A. on July 15, 2004) Michael Brown, Jr.
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North Dakota Human Rights Coalition P.O. Box 1961 Fargo, North Dakota 58107-1961 Phone: (701) 239-9323 Fax: (701) 478-4452 Email: humanrights@ndhrc.org
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