Downey v. Metro Regional Housing Authority

Downey v. Metro Regional Housing Authority

The Director's order was rescinded because the Tenancies Officer relied on standards in the Service Dogs Act that is not yet in force; MRHA Landlord Rules incorporated into the lease are reasonable and enforceable; medical evidence establishes the tenant's need for a service animal but the dog Cleo was not shown to be qualified as a service animal on the evidence before the Court; therefore eviction is not ordered but the tenancy is subject to conditions requiring landlord-approved proof that any dog retained is a qualified service animal, and compliance regarding washer and alterations.

Citation
2018 NSSM 63
Parties
Appellant/tenant: Thomas Downey; Respondent/landlord: Metro Regional Housing Authority
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 June 2018
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Director / Appeal Hearing (de Novo) Reasons Filed
Outcome
Appeal allowed; Director's Order rescinded; tenancy to remain in effect subject to conditions
Legal Topics
Service Animal/service Dog, Lease Breach, Eviction, Reasonable Accommodation, Landlord Rules, Evidence
Source Language
English
Landlord and Tenant Residential Tenancies Administrative Law Housing Law Disability Accommodation Municipal by Law Service Animal/service Dog Lease Breach +4 more

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Parties

Thomas Downey

Appellant/tenant

Metro Regional Housing Authority

Respondent/landlord

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Director / Appeal Hearing (de Novo) Reasons Filed

Legal Issues

  1. 1 whether the Residential Tenancies Officer applied a not-yet-proclaimed Service Dogs Act
  2. 2 whether Cleo qualifies as a service animal under the lease and municipal by-law
  3. 3 whether the tenant breached the lease by keeping a dog without landlord approval

Ratio Decidendi

The Director's order was rescinded because the Tenancies Officer relied on standards in the Service Dogs Act that is not yet in force; MRHA Landlord Rules incorporated into the lease are reasonable and enforceable; medical evidence establishes the tenant's need for a service animal but the dog Cleo was not shown to be qualified as a service animal on the evidence before the Court; therefore eviction is not ordered but the tenancy is subject to conditions requiring landlord-approved proof that any dog retained is a qualified service animal, and compliance regarding washer and alterations.

Court Disposition

Appeal allowed; Director's Order rescinded; tenancy to remain in effect subject to conditions

Orders

  • Director's Order dated January 12, 2018 rescinded
  • Tenant Thomas Downey permitted to remain in the premises provided any dog kept is a service animal approved by the Landlord; tenant must prove Cleo is trained/qualified as a service animal to landlord or remove the dog