Horry County HOA denied emotional support animals, violated fair housing law, suit says

An Horry County homeowners association violated fair housing law after denying a tenant medically necessary emotional support animals, according to a lawsuit filed by the state human affairs commission.

An unnamed tenant rented a unit in Conway from Patrick Dale in June 2020, showing proof of disability and need for emotional support animals, the suit says.

Greenfields at College Park Homeowners Association states in its regulations that “pets are a privilege granted to owners only ... if a pet is kept by a non-owner, the owner of the unit will be fined until the pet is removed,” according to the lawsuit.

The homeowners association didn’t respond to a request for comment.

The Fair Housing Act bars discrimination in housing because of a range of factors, including disability.

The homeowners association sent a letter to Dale informing him of “unauthorized” animals in his unit, the suit says. Dale responded with the tenant’s medical diagnosis and recommended the dogs be permitted to stay in the unit.

The homeowners association denied the request, according to the complaint, filed last week in Horry County court.

In February 2021, Dale sent correspondence from the tenant’s medical provider with proof of disability, and the request for emotional support animals was again denied, the suit says.

The homeowners association has granted other tenants’ accommodation request with unsigned documentation, the complaint alleges.

Dale and the tenant requested a meeting with the homeowners association to discuss the issue, but “an email circulated among Defendants indicating that ‘a meeting with them is not necessary,’ and ‘[i]f we keep addressing this issue they are not going to stop until they get there [sic] way,’” the lawsuit says.

In March 2021, Dale received a $50 fine for “failing to remove unauthorized animals from the property,” the suit says. Less than a month later, the homeowners association issued Dale a second warning with a $100 charge. Two months after that, a $250 charge was added.

Dale sent the homeowners association a cease-and-desist letter, and the warnings and charges stopped, but the existing charges weren’t reversed, according to the lawsuit. Dale paid those charges, including late fees, in October 2021.

The homeowners association’s “reckless and callous actions” caused the tenant to move out early, which caused Dale to lose income, the suit says.

Both the tenant and property owner suffered emotional distress and inconvenience, the lawsuit states.

The human affairs commission is suing for an unspecified amount of financial damages.

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