CRANBERRY TWP — The federal government sued — for the second time — a Cranberry Township-based property management company, alleging disability discrimination.

In a lawsuit filed in federal court April 5, the U.S. claimed Perry Homes, which manages several properties including Old Towne Rentals in Cranberry, discriminated against tenants by refusing to allow emotional support animals.

Attorneys for Perry Homes claim the government’s lawsuits are about changing, rather than enforcing, the Fair Housing Act. They say the FHA requires landlords to allow service animals, but does not require them to let tenants have emotional support animals.

“This is just another case of government overreach orchestrated by HUD (the U.S. Department of Housing and Urban Development) against our client to try to expand the requirements of the Fair Housing Act beyond what Congress intended,” the attorneys wrote in a statement. “It is a coercive effort to avoid the democratic process by trying to change the law through litigation instead of legislation.”

Unlike its July 2021 lawsuit, in which the federal government made the same allegations regarding Perry Homes, the U.S. pointed to specific instances of alleged discrimination against real tenants. In its prior claim, the government based the case on “test calls” made by a legal services group.

In one instance, the government claims, a tenant with a disability and a mental health impairment emailed Perry Homes seeking approval for an assistance animal. The tenant attached a letter from their professional counselor in which the counselor explained the benefits of an assistance animal.

“Due to mental health diagnosis, (the tenant) has certain limitations regarding coping with stress,” the counselor’s letter stated in part. “In order to help alleviate these difficulties and to enhance her ability to live independently and to fully use and enjoy the dwelling unit you own/and/or administer, I am advocating that she reside with an emotional support animal that will assist (the tenant) in coping with stressors that accompany her mental health diagnosis.”

Perry Homes sought more information, which the tenant provided. About a week later, Perry Homes denied the tenant’s request.

“We will grant reasonable accommodation for your animal to be with you in the leasehold when you are living independently,” Perry Homes said, according to the lawsuit. “When you are not living independently, the animal is not permitted.”

At the time, the tenant was living with another person. The tenant replied, saying Perry Homes “misunderstood” the reference to “live independently” in the counselor’s letter. It meant to live life with greater autonomy, the tenant said, not to live without another person.

Nevertheless, according to the lawsuit, Perry Homes refused to allow the tenant an emotional support animal, and even refused to speak with the tenant’s counselor as the tenant requested.

In another instance, the government alleges, a tenant sought permission for an emotional support animal, and attached a letter from their medical office. Perry Homes, according to the government, replied, saying the letter “did not establish that (the second tenant) had a disability.”

A nurse practitioner at the second tenant’s medical office wrote a follow-up letter that contained a specific diagnosis of disability and offered to speak with Perry Homes directly.

“On Dec. 31, 2020, Perry Homes’ attorney sent (the second tenant) a letter stating that, notwithstanding the additional documentation provided by her treating nurse, it stood by its previous determination to deny (the second tenant’s) reasonable accommodation request,” the lawsuit states.

As with the first tenant, Perry Homes never attempted to reach out to the nurse practitioner to discuss the second tenant’s disability.

The government alleges Perry Homes’ actions violate the Fair Housing Act’s prohibition on discrimination on the basis of disability, and in the lawsuit asks the court to declare Perry Homes’ actions unlawful, enjoin the company from similar future action, permit the second tenant an emotional support animal and award monetary damages.