Lawsuit says landlord tried to evict family over disabled son’s support dog

Fair Housing Center, Dayton Human Relations Council are supporting family in case
The Miami Valley Fair Housing Center at 505 Riverside Drive in Dayton. CORNELIUS FROLIK / STAFF

The Miami Valley Fair Housing Center at 505 Riverside Drive in Dayton. CORNELIUS FROLIK / STAFF

A lawsuit filed last week claims a local landlord tried to evict a Dayton family because their son who has a disability had an emotional support animal at the property.

Dayton’s Human Relations Council and the Miami Valley Fair Housing Center have filed a legal complaint in Montgomery County Common Pleas Court accusing a company called Bizzell Enterprises LTD of housing discrimination.

Erica Fields, executive director of the Human Relations Council. CORNELIUS FROLIK / STAFF

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Alexandria Lark last summer moved into a rental home owned by Bizzell Enterprises on Shakespeare Avenue in West Dayton.

The complaint says that one of the company’s owners entered the property without proper notification shortly after the family moved in and saw a dog in the unit that belongs to Lark’s son, who the lawsuit says suffers from a disability.

The owners put a three-day notice to vacate the property in Lark’s mailbox that stated she violated the lease by keeping a pet, the complaint says.

Miami Valley Fair Housing Center says it sent the company a letter on behalf of Lark asking for a “reasonable accommodation” to allow the emotional support animal to be kept in the rental home.

Jim McCarthy, executive director of the Miami Valley Fair Housing Center. FILE

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The center says the letter included verification from a healthcare provider about the son’s disability-related need for an emotional support dog.

Lark and the fair housing center filed complaints of housing discrimination with the Human Relations Council, the complaint says, and the eviction proceedings were dismissed for unrelated reasons.

The lawsuit seeks a $10,000 civil penalty against the defendants, as well as damages and an order meant to prevent any other housing discrimination.

Attempts to reach Bizzell Enterprises for comment were unsuccessful.

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