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Holcomb v. Colonial Associates, L.L.C. |
This North Carolina case involves the issue of whether a landlord can be held liable for negligence when his tenant's dogs injure a third party where a landlord has agreed by contract to remove "undesirable" dogs. Under the terms of the lease, the tenant, Olson, could keep one Rottweiler dog on the property. It was also stipulated that the landlord could require removal of any "undesirable" pets with 48-hour's notice. The dogs in the instant action attacked a contractor who was making an estimate on some of the rental homes, and, according to testimony, had committed two prior attacks. The court concluded that the Court of Appeals erred, in that the plaintiff was not required to show Colonial was an owner or keeper of the dogs in order to show Colonial was negligent; that requirement is limited only to strict liability actions. As a result, the court found Colonial failed to use ordinary care by failing to require the defendant Olson to restrain his Rottweiler dogs, or remove them from the premises when the defendant knew, or in the exercise of reasonable care, should have known, from the dogs' past conduct, that they were likely, if not restrained, to do an act from which a reasonable person could foresee. Of particular importance to the court, was the lease provision, which the court felt contractually obligated the landlord to retain control over defendant's dogs.
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Howle v. Aqua Illinois, Inc. |
As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim. |
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IL - Insurance - 5/143.10e. Home property insurance; dog breeds |
This law was amended in 2023 to prohibit homeowner insurance discrimination based on the breed of dog. The law states that, with respect to homeowner's insurance policies and renter's insurance policies issued, renewed, modified, altered, or amended on or after the effective date this act, no insurer shall refuse to issue or renew, cancel, charge or impose an increased premium or rate for a policy or contract, or exclude, limit, restrict, or reduce coverage under a policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds. |
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In re Kenna Homes Cooperative Corporation |
The owners of a cooperative unit kept a dog in their dwelling despite a no pets policy. There was, however, an exception in the policy for service animals, and the Jessups argued that the small dog they kept was necessary due to various medical problems they had, including arthritis and depression. The housing authority denied the request, stating that only animals certified for the particular disability qualify as a "service animal." The West Virginia Court of Appeals held that a housing authority may require that a service animal be properly trained without violating federal law.
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Janush v. Charities Housing Development Corp. |
Tenant brought action under the Federal Fair Housing Act alleging that her landlord failed to reasonably accommodate her mental disability by refusing to allow her to keep companion animals in her rental unit. Tenant put forth evidence establishing that the animals lessened the effects of her mental disability by providing companionship. The housing authority argued that only service dogs are a reasonable accommodation. The court rejected the housing authority's argument, holding that animals other than service animal can be a reasonable accommodation for a disability. Also, the court noted that whether an accommodation is reasonable is a fact-specific inquiry, requiring an analysis of the burdens imposed on the housing authority and the benefits to the disabled person.
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Klitzka ex rel. Teutonico v. Hellios |
In this Illinois case, the Appellate Court considered, as a matter of first impression, under what circumstances does a landlord owe a duty of care to his tenant's invitees to prevent injury from an attack by an animal kept by the tenant on the leased premises? A minor invitee (Alexus) of the tenants was bitten by tenants' dog and brought a negligence action against residential landlords. It was undisputed that the tenants held exclusive control over the premises and paid $700 a month in rent to the landlords. The Appellate Court held that even if landlords knew tenants' dog was dangerous, the landlords had no duty to protect the tenants' invitee because landlords retained no control over the leased premises where injury occurred. "Here, the tenants' affirmative conduct of bringing the dog into the living space of the home, an area over which the landlords had no control, is what might have been the proximate cause of Alexus' injuries."
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Labor Commission v. FCS Community Management |
This case concerns the Utah Anti-discrimination and Labor Division's (UALD) determination that a homeowner's association's three-month delay in responding to a member's request for reasonable accommodation to keep chickens on their property as assistance animals for a child with anxiety and PTSD violated the Utah Fair Housing Act. The trial court found that this three month delay was a constructive denial of the request, because under the Utah Fair Housing Act a housing provider must participate in an interactive process to evaluate and discuss the request for accommodation, and no such interactive dialogue or interactive process took place. On appeal, the court found that the three month delay in responding to the request was not unreasonably long, especially considering that the HOA had to review the status of chickens as support animals, chicken waste runoff, and possibility of rodent complaints during this time. The court of appeals also found that the members were not harmed by the HOA's alleged delay, since they were still allowed to keep the chickens at this time. The court of appeals then reversed the trial court's holding granting the members damages, fees, and other relief. |
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Landlord & Tenant Issues Concerning Dog Bites |
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Majors v. Housing Authority of the County of DeKalb Georgia |
Tenant had a history of mental illness and kept a dog in her apartment despite a "no pets" policy. The housing authority refused to waive the "no pets" policy and brought an eviction proceeding. Tenant filed a complaint in federal district court alleging violation of Section 504 of the Rehabilitation Act for failure to waive the "no pets" policy as a reasonable accommodation for her disability. The district court granted the housing authority's motion for summary judgment and the tenant appealed. The court of appeals held that the housing authority deprived the tenant of the benefits of the housing program by enforcing the no pets rule, reasoning that waiving the no pets rule would allow the tenant to fully enjoy the benefits of the program and would place no undue burdens on the housing authority.
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Maldonado v. Fontanes |
At issue in this particular opinion is the interlocutory appeal of the Mayor of Barceloneta, Puerto Rico based on the district court's denial of his motion to dismiss on the basis of qualified immunity. This case was initially brought after two successive raids on public housing complexes, within ten days of the Municipality of Barceloneta assuming control of the public housing complexes from the Puerto Rico Public Housing Administration on October 1, 2007. Prior to the raid, the residents, mostly Spanish-speakers, were given notice of the new "no pet policy," which were written in English. During the raids, plaintiffs' pets were seized and then killed by either being slammed against the side of a van or thrown off a 50-foot bridge. This First Circuit affirmed the denial of the Mayor's motion for qualified immunity on the Fourth Amendment and Fourteenth Amendment procedural due process claims. However, it reversed the denial of qualified immunity to the Mayor as to the plaintiffs' Fourteenth Amendment substantive due process claims and ordered those claims dismissed.
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