Facts

Plaintiff, Linder (“Tenant”), entered into a lease in October 2016.  Tenant agreed in the lease not to bring dogs, or other animals on the premises.  Five months later Tenant asked the Landlord if she could have an emotional support animal.  She gave one of the internet letters to support her need for the animal.  The letter said the Tenant was disabled but did not identify the disability or identify any limitations or symptoms of the disability.  Upon receiving the request, Landlord asked the Tenant to consent to his sending the medical provider a letter that asked:

1. The nature of the mental or physical impairment that is disabling, including a reference to the DSM 5 description of the condition;
2. A statement of what major life activity this disability interferes with;
3. Whether the medical provider interviewed the patient;
4. A statement that the medical provider conducted an examination of the patient appropriate for the diagnosis of the mental impairment in question under the professional guidelines applicable to a Licensed Clinical Social worker and as described in the DSM 5;
5. That the medical provider photocopy his or her license and send it to Landlord;
6. Whether a physical exam was conducted of the patient; and
7. How many sessions the medical provider had with the patient;

The Landlord asked the Tenant to sign the consent letter.  Tenant did not provide the additional information nor sign the consent form.  “As a result, Landlord took no action on Tenant’s request.” Tenant brought a cat in anyway in August of 2017.  The Landlord fined and later evicted the Tenant.  Tenant then filed a complaint against the Landlord for “discrimination on the basis of disability and handicap…”…
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