DOJ files lawsuit against Cranberry rental property company

The U.S. Justice Department on Friday sued a Cranberry rental property company, saying it has discriminated against tenants by not allowing them to have disability-related emotional support animals.

In a federal complaint against Perry Homes, owner Robert Whittingham and his wife, Allyson Whittingham, prosecutors said the company has violated the Fair

Housing Act.

Perry Homes, which operates rental properties in Cranberry, Harmony and Zelienople, had a nopets policy but did not have a written nondiscrimination policy or a written accommodation policy, the Department of Justice complaint said.

Southwestern Pennsylvania Legal Services, a nonprofit advocacy group for low-income and vulnerable state residents, began investigating Perry Homes in 2018 through its Fair Housing Law

Center.

Testers posed as applicants to lease apartments that Perry owns or manages to find out if the company was discriminating against tenants who need support animals, according to the DOJ complaint.

In October 2018, for instance, a tester called the rental office and asked about a unit at the company’s German Street property in Harmony.

An agent of Perry said if the renter had a pet, she’d have to get rid of it. The tester said her husband had an emotional support dog and documentation from a psychologist for the animal but was told that Perry “only accepted service animals that have been specifically trained, like a seizure-detecting dog.”

Other testers made similar calls for various properties and were told the same thing, according to the complaint.

Southwestern Pennsylvania Legal Services then filed a

discrimination complaint with the U.S. Department of Housing in August 2019, after which HUD investigated and tried to reach an agreement with Perry, the DOJ said.

That effort failed, and HUD made the determination that Perry was violating the Fair Housing Act.

The U.S. attorney’s complaint asks a judge to declare that Perry is violating the law and asks for an injunction against the company to prevent discrimination on the basis of disability.

The complaint also asks for monetary damages to Southwestern Pennsylvania Legal Services.

A message left at Perry’s rental office Friday was not returned.