April 9, 2011
MCAD: HIV-positive man can keep emotional support dog
Kevin Mark Kline READ TIME: 1 MIN.
The Massachusetts Commission Against Discrimination (MCAD) ordered April 4 that a landlord cannot order an HIV-positive renter to get rid of his emotional support dog.
Building owners Brighton Gardens Apartments, The Lombardi Corporation, and Michael J. Lombardi were fined $5,000 for arguing that tenant Richard M. Blake's medical requirements were "irrelevant" when it came to the building's ban on pets. MCAD found that the owners had committed disability discrimination, according to Massachusetts' Lawyers Weekly's news blog.
According to MCAD, Blake "established that keeping his emotional support dog is a reasonable accommodation necessary to afford him an equal opportunity to use and enjoy the premises," and "submitted credible evidence...that [he required the dog] to assist him to live on his own and function independently given his physical problems related to HIV/AIDS and his resulting depression, anxiety, and isolation after the loss of his mother and sister."
Blake was awarded $25,000 in emotional distress damages.
