Q: Can my apartment deny my health care provider's prescribed treatment for anxiety & depression?
I have a letter from my psych NP I see for anxiety & depression. In 2018, she had me try neonatal kitten fostering for a local animal rescue as a treatment for depression & anxiety.. This has been very effective & has allowed me to be off medication. I have a letter from my licensed practitioner prescribing that I foster kittens & the letter explains why fostering is needed as treatment & how it treats my anxiety & depression. I rent an apartment which does allow animals but only 3. I presented this letter & I was told that they only have to make reasonable accommodations & could deny based on if the request would cause unsanitary conditions, property damage, or negatively impact or endanger other tenants. I could understand if I independently fostered but I strictly go through a licensed rescue. Kittens never with me longer than 6 months but most of the time they're adopted by 15 weeks give or take a week or 2. Is my apartment allowed to refuse my practitioners prescribed treatment?
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A:
Your apartment is required to follow the Fair Housing Act (FHA), which mandates that landlords provide reasonable accommodations for individuals with disabilities. Since your healthcare provider has prescribed fostering kittens as a necessary treatment for your anxiety and depression, this may qualify as a reasonable accommodation. However, landlords can deny a request if they can prove it would create undue hardship, significant property damage, or safety concerns.
Because you foster through a licensed rescue and the kittens are temporary, your request appears reasonable. The fact that your apartment allows pets also strengthens your case. If they refuse without legitimate justification, they may be violating federal law. You have the right to request a written explanation for the denial and to provide additional documentation supporting your need.
If your landlord continues to deny your request unfairly, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or seek legal assistance. You might also consider negotiating by offering solutions that address their concerns, such as a sanitation plan. Stand firm in your rights, and don’t hesitate to advocate for the accommodations you need.
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