A recently decided Indiana case once again makes it clear that landlords have the right to request certain information to determine that an accommodation request for a disabled person is both reasonable and necessary due to the disability of the applicant or resident.

In Furbee v. Wilson, 2020 Ind.App. LEXIS 122, March 2020), the court ruled in favor the landlord with regard to the request for an assistance animal.

Facts of the Case

Decision

In March 2020, the Indiana appeals court reversed the lower court, ruling that the fair housing case against the community should be dismissed.

Reasoning

The Takeaway

While owners must grant reasonable accommodations to disabled residents when necessary for the resident to have full use and enjoyment of the property, and it is reasonable to do so, owners do have the right to request additional information when the need for the accommodation is not obvious.  In this case, while the therapist did state that the resident was disabled and an animal could ease the symptoms of the disability, the letter did not identify any disability. In this case, since the landlord was unaware of the tenant’s disability, it had the right to request more information demonstrating a clear relationship between the disability and the need for the accommodation - i.e. the support animal. The overriding issue in this decision was the failure of the tenant to participate in the interactive process, thus creating a "breakdown in the process."

Based on the facts, this case could have gone either way, but it does indicate that landlords have the right to request the information needed to make an informed decision as to whether or not to grant an accommodation.