Overlook Mutual Homes, Inc. v. Vickie Spencer, 415 F. App'x 617

Vickie Spencer and her daughter Lynsey have lived at Overlook Mutual Homes since 1994; Lynsey has an anxiety disorder treated since 2005 and Scooby the cockapoo acts as Lynsey's emotional support animal.
Overlook maintained a strict no-pets policy; initial denial of Scooby followed by Spencers bringing Scooby home after MVFHC advised it could qualify as an FHA accommodation.
MVFHC and Spencers requested an accommodation in August 2007; Overlook asked for a waiver and extensive medical/school records to evaluate the disability and need for accommodation.
Overlook sought additional information and ultimately filed a declaratory-judgment action in October 2007 to clarify its obligations under the FHA and state law.
District court denied summary judgment for the Spencers and later granted Overlook judgment as a matter of law on the counterclaims after trial, holding no denial occurred.
The Sixth Circuit affirmed, holding there was no genuine issue that Overlook constructively denied the accommodation, given ongoing dialogue, lack of eviction, and unresolved legal questions at the time.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Overlook constructively denied the accommodation	Spencers argue delay and suit amounted to denial	Overlook sought information and filed suit due to unsettled law	No; delay and suit did not constitute a denial as a matter of law
Whether the governing law at filing favored Overlook on whether a companion animal qualifies	Law favored treating Scooby as a reasonable accommodation	Law was unsettled and could require training for a service animal	Law was unsettled; this did not by itself prove denial
Whether Overlook’s actions, given no eviction and Scooby’s stay, denied the accommodation	Continued uncertainty and information requests harmed the Spencers	Non-eviction and continued residence show no denial	No; retention of Scooby and continued occupancy weighed against denial

Groome Resources Ltd. v. Parish of Jefferson, 234 F.3d 192 (5th Cir. 2000) (delay in decision may constitute denial if unreasonably long)
Astralis Condominium Ass’n. v. Secretary, HUD, 620 F.3d 62 (1st Cir. 2010) (year-long delay in granting handicapped parking can be a denial)
Dubois v. Ass’n. of Apartment Owners of Kalakaua, 453 F.3d 1175 (9th Cir. 2005) (temporary exemption granted; no denial when accommodation pursued)
Prindable v. Ass’n. of Apartment Owners of Kalakaua, 304 F. Supp. 2d 1245 (D. Haw. 2003) (service animal training issue; evidence of training may be required)
In re Kenna Homes Coop. Corp., 557 S.E.2d 787 (W. Va. 2001) (training considerations for service animal interpretations)
Groner v. Golden Gate Gardens Apartments, 250 F.3d 1039 (6th Cir. 2001) (federal/state law analogies in FHA analyses)