Lawsuit Involving Emotional Support Pit Bull Ends In Settlement

July 31--A Bakersfield couple has received a $20,000 legal settlement after accusing their former landlord of discrimination based on their emotional support pit bull.

The settlement, announced Monday by the state Department of Fair Employment and Housing, involves claims still disputed by the landlord. It stems from a lawsuit filed in late 2016 on behalf of tenant Fred Cline IV and his wife, Justine Cline.

According to the lawsuit, the Clines brought two emotional support dogs -- a pit bull and a Pomeranian -- when they moved into a 12-unit apartment complex at 222 Goodman St. in northeast Bakersfield in January 2015.

Four months later, landlord Baby "Babby" Kurian allegedly told the Clines his liability insurance would not cover any dog weighing more than 20 pounds, and that the pit bull could not stay.

But after the tenants purchased a $100,000 insurance policy covering the dogs, the lawsuit states, Kurian told them they needed a $1 million policy to cover the pit bull. He later served them with an eviction notice that would be rescinded only if they got rid of the pit bull, the lawsuit states. It says Fred Cline had medical documentation that both dogs were support animals.

Kurian disputed the department's version of events in the case. He said the Clines had three dogs in their apartment, not two, and that the pit bull was not a support dog but a pet belonging to one of the tenants' aunts.

He said he asked the tenants to get rid of the pit bull after receiving complaints from other tenants that the dog was chasing other people on the property, including a 2-year-old.

"I'm concerned about the safety of the other tenants," Kurian said, adding that he was not in favor of settling the case but that his insurer insisted.

Under the settlement agreement, Kurian and his company, Goodman Villas IV, must pay the tenants $20,000, plus $10,000 in attorney fees and costs to the state agency and another $5,000 to Greater Bakersfield Legal Assistance, which provided legal assistance to the Clines. The settlement calls for Kurian to get training for himself and his property managers on fair housing laws, then come up with and put into place an anti-discrimination policy, as well as post certain educational materials at his properties.

"A landlord may not penalize tenants for the presence of an assistance animal by imposing fees or insurance requirements solely because of the animal's breed or size," department Director Kevin Kish said in a news release.

___

(c)2018 The Bakersfield Californian (Bakersfield, Calif.)

Visit The Bakersfield Californian (Bakersfield, Calif.) at www.bakersfield.com

Distributed by Tribune Content Agency, LLC.