Emotional Support Dog

August 27, 2020

An Iowa landlord should have turned away a potential tenant with an emotional support dog, a split Iowa Supreme Court has ruled.

In a rare decision that favored not making a reasonable accommodation, the court found the landlord had already rented to a woman with severe pet allergies and that he should have prioritized her needs.

The landlord, David Clark, attempted to please both tenants by having them take different staircases and giving the woman with pet allergies an air purifier. But it did not stop her from suffering an allergic reaction. He had previously had a no-pets policy but was stuck in a “pickle” on whether he had to accommodate the pet owner, the court wrote. The landlord’s accommodation of the emotional support dog was not reasonable because the tenant with pet allergies had priority in time and the dog’s presence posed a direct threat to her health,” Chief Justice Susan Christensen wrote in a June 30 opinion.

The trial court had ruled the same but dismissed plaintiff Karen Cohen’s because of the uncertainty to accommodate support animals under the Iowa Civil Rights Act.

The Supreme Court, though, ruled Cohen was entitled to the damages she sought for breach of lease – one month’s rent.

“Our balancing in this case is not a one-size-fits-all test that will create the same result under different circumstances, such as when the animal at issue is a service animal for a visually disabled person,” Christensen wrote.

“Nevertheless, the fact that the tenant with allergies was first in time and the dog posed a direct threat to her health tips the balance in her favor…”

The issue split the court 4-3. Justices Brent Appel, Christopher McDonald and Dana Oxley dissented.

Appel said review was improvidently granted but said he would reject the first-in-time approach to weighing the needs of tenants taken by the majority.

McDonald and Oxley felt the majority denied a disabled person’s request to use a support animal because of the first-in-time approach.

“(T)he majority’s rule discourages disabled persons from seeking reasonable accommodations and discourages landlords from granting reasonable accommodations,” McDonald wrote. “This is contrary to the spirit of the fair housing laws.”

  • Most Recent News

    Former Victoria man’s diabetic alert dog helps him get back to life

    June 2, 2021

    When Luke Hengen’s diabetes worsened in his early twenties, it stripped him of the outdoor activities where the country kid felt at home. Countless wilderness adventures and years of hard-fought football games took a toll on his body, to the point where he could no longer sense when his blood sugar was too high or […]

    Read more

    Students Get Therapy Dog

    January 8, 2021

    When middle school students return to class on Jan. 11, they’ll find a new face at the door: Daisy. Daisy is a therapy dog and the personal pet of Rob Kreger, principal of the Rock L. Butler Middle School. The five-year-old golden retriever is not a school pet or mascot, but rather a working dog […]

    Read more

    Therapy Dogtor

    January 8, 2021

    Last March, Caroline Benzel, a third-year medical student, began to notice the stress and discomfort her nurse friends were feeling from the pressures of the ongoing Covid-19 pandemic. “[Personal protective equipment] can be really rough on the skin,” Benzel, 31, tells PEOPLE. Benzel and her 3-year-old Rottweiler, Loki (who’s also a therapy dog) hatched a […]

    Read more

    Therapy Dog Pups

    January 8, 2021

    When Stanley the miniature fox terrier’s owner passed away, the little dog started a ‘paw-some’ new role – bringing puppy love to some of the Gold Coast’s oldest residents. After Carinity Cedarbrook Diversional Therapist Julianne Staff adopted Stanley, he began visiting the aged care community at Mudgeeraba as a therapy dog. Therapy dogs help to […]

    Read more

    Puppy Cams

    January 7, 2021

    A nonprofit is providing an unusual form of therapy for those on the front lines of the coronavirus pandemic – puppy cams! “You spend five minutes with a puppy and try not to smile,” said registered nurse Robin Lingg Lagrone. Lingg Lagrone says watching little furballs wag their tails and prance on their paws helps […]

    Read more

    Pet Committee

    January 7, 2021

    When Moore County’s school doors were abruptly closed earlier in 2020, two- and four-legged volunteers from the Moore County Citizens’ Pet Responsibility Committee (PRC) were in their 12th year of presenting a six-session Pet Responsibility Education Program for fourth-graders. The PRC quickly shifted gears and placed its program materials online as part of a home […]

    Read more

    The Right Rescue Dog

    January 7, 2021

    If your New Year’s resolution is to add a canine family member, good for you. Somewhere out there is the perfect puppy or adult dog for your family. You have a lot of things to think about when you begin to look for that new family member, puppy or dog? Large or small? Purebred or […]

    Read more

    Police Dog Attack

    January 7, 2021

    A resolution headed to the Duluth City Council on Monday could put to rest a lawsuit filed by Teri Lynn Ehlers, an employee of the Patch Motel, who was bitten by a Duluth police dog named Oakley. Former Duluth Police Officer Marc Johnson was a registered guest of the Warroad establishment May 28, 2018, when […]

    Read more

    PAWS With A Cause

    January 7, 2021

    Pebble Hill Plantation and the Thomas County Public Library are pleased to announce the upcoming Enlightening Bites program, “PAWS With a Cause,” on Friday, January 8, 2021 at noon in the Flipper Room of the Library. The program is being presented by Jeri Anderson, field representative. Anderson is recently retired from the City of Monticello, […]

    Read more

    Police Canine Team

    January 7, 2021

    Kingston Police revealed in a news release late Wednesday afternoon that they’ve been keeping a four-legged secret for roughly three months. The force announced it added a second canine unit, with the arrival of police service dog Dak this past October. He is working with Const. Jeff Dickson, while police service dog Bask is working […]

    Read more

    More Recent News