Iowa man says he is suing after being evicted for emotional support pet

OTTUMWA, Iowa — An Iowa man has found himself at odds with his landlord over a pet that his medical provider says is necessary to his mental health.

Nurse practitioner Cynthia Barinsky Wurr wrote a letter this month to the apartments where her patient, 28-year-old Chaz Denham lives, asking that he be allowed to keep a pet for medical reasons. Shortly after, Denham was asked to vacate his apartment for having a cat that was not approved by the landlord. 

Denham has been diagnosed with anxiety, depression, post-traumatic stress disorder, mood disorder and attention deficit disorder, said Wurr in a letter to the landlord.

The cat keeps Denham focused, Wurr wrote. “It provides him the emotional support he needs to live a normal life like other people. It has done this for the past nine years.”

Studies have shown that interaction with live animals increases levels of serotonin, a hormone in humans that helps fight depression, and dopamine, a hormone that makes people feel good.

“Pets always make people feel good,” Wurr said. “Pets stimulate laughter. They help with touch. It’s not considered a single treatment like your medication,” said Wurr, but a pet can meet a person’s emotional needs.” 

Often confused with service animals, emotional support pets are not recognized by the American Disabilities Act, which gives protection to service animals’ owners. It is illegal for businesses to deny service or entry to patron because of their service animal, but not a emotional support pet.

In order to be considered a service animal, an animal must have months or years of training and serve a specific disability-related function, such as seeing-eye dogs, according to the American Disabilities Act. As of 2011, only dogs can be considered service animals, although miniature horses are recognized as service animals under certain circumstances. 

Although emotional support animals are not officially recognized by the ADA, some establishments will allow emotional support animals with the proper documents acquired from a doctor or medical professional. However, certified emotional support pets are legally allowed to accompany their owner on flights as well as live in homes with “no pet policies,” under the federal Fair Housing Act.

A letter dated July 10 from Denham’s landlord, Bob Burrell, says that Denham and his fellow tenant “have a cat that was never approved by the landlord. This is against the contract.” The letter gives Denham until noon Aug. 10 to move out of the apartment he leased July 3.

Burrell did not return phone calls from the Ottumwa Courier. 

Denham couldn’t be reached for comment but said on his Facebook page that he has an attorney who is taking his case pro bono.

“I’m not in the wrong,” he wrote on Facebook. “My attorney explained it as she is trying to evict me for having a disability and everything is being documented and counter claims are in my favor.”

No papers had been filed in the case in Wapello County as of Tuesday morning.

Whitaker writes for the Ottumwa, Iowa Courier.

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