United States v. Fox Point at Redstone Association, Inc.
Park City, Summit · federal · United States District Court for the District of Utah
HOA loss · pets-animals
What happened
Thomas Burton, a Gulf War veteran with psychiatric disabilities, sought to keep a small emotional support dog while renting at Fox Point at Redstone in Park City. After a 2010 pet-policy change, the association/managers allegedly treated the assistance animal as a pet subject to registration fees and liability insurance, issued fines, and his lease was not renewed. Burton filed a HUD complaint; HUD charged discrimination; defendants elected federal court. The United States sued November 21, 2011. On February 27, 2012, Judge Ted Stewart entered a consent decree requiring $20,000 to Burton, fair-housing training, a new reasonable-accommodation policy (no pet fees/deposits/insurance mandates for assistance animals; limited medical inquiry), and monitoring/reporting.
What the court (or agency) held
Defendants lost via consent decree. They agreed to pay Burton $20,000 and to implement FHA-compliant assistance-animal/RA policies without charging pet fees or requiring liability insurance for assistance animals, plus training and reporting—resolving the United States’ disability-accommodation claims without a trial verdict.
Why this matters for members
Calling an ESA a ‘pet’ to collect fees, insurance, or fines—and then non-renewing a lease—can draw HUD charges and DOJ consent decrees. Assistance animals are accommodations, not revenue pets; medical fishing expeditions and fee barriers are recurring decree targets.
What the member did
Filed a HUD housing-discrimination complaint that produced a charge and DOJ consent decree.
Questions for the board
- Does the pet policy still charge fees or require insurance for assistance animals?
- What documentation may the board request when disability/need is not obvious?
- Who decides assistance-animal requests—board or manager—and is that documented?
- Have board and on-site staff completed fair-housing training?
Questions for a lawyer
- What decree terms forbid fees/insurance for assistance animals on these facts?
- How should a renter document fines and non-renewal after an ESA request for a HUD complaint?
- What is lawful vs excessive medical inquiry under HUD/DOJ guidance reflected in the decree?
- Which parties (HOA, manager, unit owners) share exposure when a tenant’s ESA is blocked?
Citation
United States v. Fox Point at Redstone Association, Inc., No. 2:11-cv-01069 (D. Utah); consent decree entered Feb. 27, 2012 (2012-02-27). United States District Court for the District of Utah. Outcome chip: FHA consent/settlement. Source: https://counselourhoa.com/case-law/532-united-states-v-fox-point-at-redstone-association-inc-no-2-11-cv-01069-discrimination-assistance-animal
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.