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IN THE COURT OF APPEALS OF IOWA No. 7-272 / 06-1144 Filed December 28, 2007 STATE OF IOWA ex rel. CAROL HENDERSON, Plaintiff-Appellant, vs. DES MOINES MUNICIPAL HOUSING AGENCY and CITY OF DES MOINES, Defendants-Appellees. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, D. J. Stovall, Judge.

The State of Iowa, on behalf of Carol Henderson, appeals the district court's grant of summary judgment to defendants on the State's claim that the defendants failed to accommodate Henderson's disability by permitting her to keep a large dog in her rental unit. REVERSED AND REMANDED.

Thomas J. Miller, Attorney General, and Teresa Baustian, Assistant Attorney General, for appellant. Mark Godwin, Deputy City Attorney, for appellees.

Heard by Sackett, C.J., and Vogel and Miller, JJ.

2 MILLER, J. The State of Iowa, on behalf of Carol Henderson, appeals the district court's grant of summary judgment to defendants Des Moines Municipal Housing Agency (Agency) and the City of Des Moines (City) on the State's claim that the defendants failed to accommodate Henderson's disability by permitting her to keep a large dog in her rental unit. We reverse the judgment of the district court and remand for further proceedings. I. BACKGROUND FACTS AND PROCEEDINGS. The summary judgment record reveals the following undisputed facts. On May 8, 2002, Carol Henderson entered into a dwelling lease with the Agency. Henderson lived with her daughter, Nicole, and was eligible for a two-bedroom unit. The lease provided: If you or any member of your household listed on this Lease Agreement are currently handicapped or disabled, we shall provide reasonable accommodation to the extent necessary to provide this individual with an opportunity to use and occupy the unit. You may request at any time during your tenancy that we provide reasonable accommodation, including reasonable accommodation so that you can meet Lease Agreement requirements or other requirements of tenancy. The lease also provided that an attached pet policy was part of the lease. Tenants were permitted to have pets but were required to first apply for a pet permit with the Agency. The weight of a pet could not exceed twenty pounds. Only one pet per household was permitted. The provisions concerning pets did not apply to service animals. After entering into the lease, Henderson obtained a doberman pinscher dog, which she named "Sam." Nicole had a presso canario dog named "Otis."

3 Each dog weighed more than ninety pounds. Henderson and Nicole obtained the dogs after they experienced two attempted break-ins at their apartment in early 2003. A housing inspector discovered the dogs in January 2005. On

January 11, 2005, Henderson was notified she was in violation of the pet policy. She was given fourteen days to comply with the lease or the lease agreement could be terminated. Henderson requested that the dogs be considered service animals. She also filed an application for a pet permit. Her application was denied because the pet policy only permitted one pet per household, and the pet could not exceed twenty pounds. The Agency also stated Henderson's pets did not meet the Henderson was informed she needed to

qualifications for service animals.

remove both dogs by February 7, 2005. Henderson presented a letter from Dr. R. Coppola, which asked that she be allowed to keep her dog for safety reasons, secondary to post-traumatic stress disorder. Henderson also presented a letter from Jill Fulitanto-Avery, an employee of the Iowa Division of Persons with Disabilities, which stated she understood Henderson's dog was a psychiatric service dog and pointed out that regular pet policies did not apply to service animals. Dr. Jerilyn Lundberg

reported Henderson had been diagnosed with post-traumatic stress disorder. Dr. Lundberg stated: [Henderson] has a self-trained service companion that lives with her. This animal plays an important part in her recovery and in her psychological well being at this time. In my opinion, removal of the animal would impede the process of recovery.

4 In the meantime, Otis was removed from the home. Nicole became upset about this and moved out. Effective April 1, 2005, Nicole was removed from Henderson's lease. On May 2, 2005, Henderson filed a housing discrimination complaint with the Iowa Civil Rights Commission. She claimed the Agency had discriminated against her by failing to permit her to keep a service animal and by failing to accommodate her disability by waiving the pet policy requirements. An

administrative law judge determined probable cause existed to support the allegations of discrimination based on disability. On behalf of Henderson, the State filed a petition in district court for declaratory judgment, permanent injunctive relief, and damages. 1 The State

alleged the Agency and the City had engaged in discrimination in housing, in violation of the Iowa Civil Rights Act of 1965, Iowa Code chapter 216. Henderson stated she was a person with a disability who needed the assistance of a psychiatric companion animal. The State alleged defendants failed to make reasonable accommodation for her disability in contravention of Iowa Code section 216.8A(3)(c)(2) (2005). Defendants filed a motion for summary judgment, arguing Henderson was otherwise unqualified for her housing unit and thus not entitled to relief. The State resisted the motion for summary judgment, claiming the provisions of the

After a housing discrimination complaint has been filed with the Iowa Civil Rights Commission, the complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to proceed in a civil action. Iowa Code

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