October 2, 2024 by Ashley Norris
Lone Star Legal Aid’s Dana Karni Protects Family Facing Eviction Over Emotional Support Animals
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After facing numerous challenges, a single mother, Maria, moved with her three children into a new home. Less than a week later, their excitement was shattered by an eviction notice. One of Maria’s children is disabled and relies on emotional support animals for their well-being. The landlord claimed these support animals were pets, violating the lease agreement. Losing their home would not only displace Maria’s family but also jeopardize her child’s health. Maria urgently sought legal help to assert her rights, and Dana Karni, Litigation Director of Lone Star Legal Aid’s Eviction Right to Counsel, took on her case.
“Most of our eviction cases are based on the allegation by the landlord that the tenant failed to pay rent,” Karni explained. “It’s pretty simple when the landlord says we had a lease agreement, this was the amount that was owed, and this was the payment date. When you have a violation of the lease, that’s not related to payment. Those are usually called conduct-based violations. In those eviction cases, there’s some alleged conduct that violates the terms of the lease. It doesn’t mean there’s going to be a black and white case.”
Maria’s landlord alleged that she had pets on the property. However, Karni argued that emotional support animals are not classified as “pets” under the law. “Educating the court on something they are unfamiliar with is always a challenge. We have to cross this hurdle, not just making sure that our clients rights are protected, but that the court understands why,” said Karni.
Oftentimes, the initial strategy for eviction cases is to determine if settlement is an option. If the case can be resolved without going to trial, it saves a lot of time, resources, and frustration. However, when the violation is conduct-based, the adverse party is less likely to back down from their stance. In this situation, trial is the only path to justice.
Karni argued that one of Maria’s children, a minor, is on the lease as an occupant and the child has a medical disability that necessitates emotional support. The landlord argued that the four animals were pets, while Karni argued on behalf of her client that the four animals were emotional support animals.
To secure the right to an emotional support animal, an individual will typically have a documented diagnosis, as well as a letter from a medical service provider stating their recommendation for an emotional support animal. Maria followed this procedure with her child some time before moving into their new home.
According to Texas state law and federal law, landlords cannot discriminate against individuals with disabilities who require emotional support animals. The U.S. Department of Housing and Urban Development (HUD) defines assistance animals as those that “perform tasks, provide assistance, or offer emotional support for a person with a physical or mental impairment that substantially limits one or more major life activities.” Similarly, the Texas Human Resources Code protects tenants with disabilities, stating that they “may not be required to pay extra compensation or make a deposit for the animal.”
The court ruled in Maria’s favor, determining that her child was entitled to have her emotional support animals as a reasonable accommodation for her disability. As such, the court found that there was no violation of the lease agreement. The eviction notice was dismissed, and the landlord was prohibited from trying the case again. As a result, Maria, her children, and her child’s support animals were able to remain housed.
Reflecting on the case, Karni said: “I approach these cases of single mothers who face being displaced with an extra layer of emotional sensitivity. A single mother and her children will not go homeless on my watch if they have the rights to prevent it.”
If you or someone you know is facing eviction or another civil legal issue, it’s important to seek legal help. To apply for free legal assistance, visit www.lonestarlegal.org or call 1-800-733-8394.
Names have been changed to protect the identity of the client(s).
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
