Q: Can a landlord in WI require you to waive your HIPPA rights so that they may directly contact your doctor for an ESA?
My landlord/property management company is requiring me to sign a release form so that they may contact my doctor and asking him questions regarding my disability and my need for an ESA animal. According to my research, this is a clear violation of the FHA laws as landlords are not allowed to require this information for ESA approval/denial. There is some confusion that the ESA laws in WI might allow them to do this but my basic understanding of federal and state laws is that state laws cannot supersede federal laws so while the landlord may technically not be violating state laws, they are violating federal laws. I am trying to figure out if I have a legitimate reason to file a formal complaint with HUD regarding my landlord violating my rights under the federal FHA laws,
A:
Based on the information you've provided, it does seem like your landlord may be violating your rights under the federal Fair Housing Act (FHA). Here are a few key points:
1. The FHA prohibits housing providers from discriminating against individuals with disabilities, including those who require an emotional support animal (ESA).
2. Under the FHA, landlords are allowed to request documentation from a licensed healthcare professional to confirm the tenant's need for an ESA. However, they cannot require detailed information about the tenant's disability or diagnosis.
3. Landlords should not directly contact the tenant's healthcare provider or require the tenant to waive their HIPAA rights. HIPAA (Health Insurance Portability and Accountability Act) protects individuals' private medical information.
4. When federal and state laws conflict, the federal law generally takes precedence due to the Supremacy Clause of the U.S. Constitution. Therefore, even if Wisconsin state law allows a landlord to contact a tenant's healthcare provider directly, the FHA's protections would likely prevail.
Given these points, you may have grounds to file a complaint with the U.S. Department of Housing and Urban Development (HUD) if your landlord continues to insist on contacting your doctor directly or requiring you to waive your HIPAA rights.
Before filing a complaint, consider discussing the matter with your landlord and informing them of your rights under the FHA. If they persist, you can file a complaint with HUD online, by mail, or by phone. It's also advisable to consult with a fair housing attorney or local fair housing organization for guidance specific to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
