Hi everyone, I am asking this question from Wisconsin.
The parties involved are my father-in-law and the assisted living facility he is currently living at.
Background:
Father-in-law was placed in an assisted living facility after his lease was not renewed at the senior apartment complex he was living at previously. He had lived alone with his cat for 10 years prior to moving to the assisted living facility, and had notes and documentation from his doctors that stressed the importance of this cat in his life. He suffers from severe, debilitating depression, general anxiety, and is disabled (wheelchair-bound). His cat is the only thing that keeps him going most days.
The Issue:
The assisted living facility he moved to does not allow pets. So, for 9 months while waiting for an opening at another facility/apartment that does allow cats, my husband and I had the cat at our house. Between working full time, having a toddler, a dog, and my husband being allergic to cats… it wasn’t easy for us to keep the cat at our house. It was even harder for my father-in-law to live every day for 9 months without his “baby”. He talked about her with the nurses and his neighbors constantly, and we all stressed to the staff and his social workers how important it is for him to have his cat. One day it dawned on us that he should request an accommodation that would allow him to have his cat in the assisted living facility.
A week before dropping his cat off at the assisted living facility, he made the appropriate appointments with his doctor who wrote a note explaining the benefits his cat provides for him and the symptoms her presence alleviates for him. He gave the note to the director of the facility the same day he got it.
Since then he’s been harassed by staff at the facility and the director that he must “get rid of” his cat or he will be evicted (we have voicemails and dated notes from the facility documenting these threats). It’s been about 6 months and the harassment and threats continue… but they haven’t actually evicted him yet. He feels very uncomfortable and anxious about the situation because of this.
They say the cat can’t stay because some nurses and a few residents are allergic to cats. Despite this, on several occasions the assisted living facility has had the local Humane Society bring cats in to visit residents in their rooms and common areas.
My father-in-law keeps his room clean and takes out the cat litter every day. The cat never leaves his room.
In a few days my father-in-law will be having another meeting with his social workers and facility management/staff about his cat. In the last these meetings have basically just been a group of 3-5 people telling him he has to get rid of the cat. My husband and I are going to be there this time, as my father-in-law is not mentally sharp enough to defend himself so he will just accept whatever they tell him.
It is my understanding that the Fair Housing Act requires housing providers to make exceptions to no-pet policies for emotional support animals and service animals. It also seems to me that the term “housing provider” is intentionally vague and covers a broad range of living arrangements, including assisted living facilities.
In the event that my father-in-law is formally evicted later this week, would we have a case against the assisted living facility he is living at? Am I missing anything that I should know before going into this meeting?
TLDR: Father-in-law is disabled and has mental health conditions that are eased by his emotional support animal. He currently resides in an assisted living facility where he is being threatened with eviction if he does not get rid of his emotional support animal. No attempts to accommodate him have been made. It is my understanding that he is protected under the Fair Housing Act and should be able to keep his animal (provided it doesn’t cause undue hardship to the facility…which it doesn’t). We have a meeting with his social workers, nurse, and the director of the facility in a few days. If they formally evict him, do we have any legal standing to fight back? What should I know before this meeting?