Robin Dudley was in a car crash and suffered brain damage. She was outfitted with a service dog, Asiah, who helps her get through the day. Her landlord citing barking complaints and aggressive behavior by the dog is evicting Robin from her apartment. The problem is that service dogs like Asiah are protected from eviction by federal law, even if the apartment complex has a no pet policy.

This is a quandary that landlords face and if they do evict Ms. Dudley the landlord faces substantial penalties if the courts feel that they unfairly evicts someone because of their service animal. So what is a landlord to do? If the dog is aggressive and does bite someone, the landlord most likely will be liable. If they evict they could be fined substantially.

Walking across her bedroom or anywhere else is a chore for Robin Dudley, who suffered brain damage in a car accident and is always in danger of falling, but her German shepherd, Asiah, gets her through the day.
Asiah fetches clothes and shoes in the morning so Dudley can get dressed. Asiah stays by Dudley’s side to give her support when she does walk. And Asiah watches for Dudley’s occasional seizures, howling to summon aid.
Dudley’s landlord, however, sees Asiah as a threat to other tenants and has sued to evict the pair from the Harbor Ridge Apartments in Ashtabula, where Dudley has lived for 18 months.
A local advocacy group, Fair Housing Resource Center in Lake County, says the complex could face stiff fines if it persists with the eviction. Federal laws prohibit discrimination against the disabled, permitting people to have guide or service dogs to help them with their daily routines, even in apartments that do not allow pets.
“A service animal is not a pet,” said Patricia Kidd, executive director of Fair Housing Center in Painesville. “You can equate it to a wheelchair except it has four legs and fur instead of wheels.”
Dudley, 45, a former nurse, has had brain surgery three times since her accident three years ago. She uses a walker and wears a neck brace to steady a titanium rod inserted in her back. With the obviously adoring Asiah at her side constantly, the stroll is a little easier.
Barbara Hasenstab, spokeswoman for Associated Estates Realty Corp., in Cleveland, owner of the building, said she has at least 10 complaints about Asiah’s barking. Several people have accused the dog of aggression.

Woman facing eviction over service dog.

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